The Integrated Thinking of Environmental Criminal Law and System Design
Zhixiong Liu
Abstract
Zhixiong Liu
Abstract
Determined by environmental problems and the nature of environmental criminal law,the research on environmental criminal law should stress the integrated thinking,at the same time take into account the factors such as the criminal law's reasonable orientation in environmental protection system,the relevancy between environmental criminal law and environmental administrative law,the country's basic criminal policy and environmental law's criminological perspective.The legal interest of environmental criminal law need to be adjusted,crime circle should be expanded,but the ideals of ecological legal-interest、 ecological crime do not advocated which basing on the ecosystem center doctrine,environmental hazards should not be exaggerated.The field of environmental criminal law should not adopt the strict liability,additional provisions of Potential damage offense is not the optimal choice.A reasonable solution to the problem lies in the adjustment of the environmental criminal law's legal interest,so we should put the human environmental interests as the basic benefits,prescribes consequential offense in the sense of environmental damage.
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Determined by environmental problems and the nature of environmental criminal law,the research on environmental criminal law should stress the integrated thinking,at the same time take into account the factors such as the criminal law's reasonable orientation in environmental protection system,the relevancy between environmental criminal law and environmental administrative law,the country's basic criminal policy and environmental law's criminological perspective.The legal interest of environmental criminal law need to be adjusted,crime circle should be expanded,but the ideals of ecological legal-interest、 ecological crime do not advocated which basing on the ecosystem center doctrine,environmental hazards should not be exaggerated.The field of environmental criminal law should not adopt the strict liability,additional provisions of Potential damage offense is not the optimal choice.A reasonable solution to the problem lies in the adjustment of the environmental criminal law's legal interest,so we should put the human environmental interests as the basic benefits,prescribes consequential offense in the sense of environmental damage.
Key concepts: Criminal law, Environmental law, Law, Strict liability, Political science, Environmental studies, Public law, Environmental crime