Assignment代写：Ecological crime

下面为大家整理一篇优秀的assignment代写范文- Ecological crime，供大家参考学习，这篇论文讨论了生态犯罪。生态犯罪是指实施的行为具有社会危害性、有罪性、违法性的特点，并给周围环境和人类健康造成损害，应当被刑法所禁止和应当受到刑罚处罚。这种犯罪行为会引起不可想象的连锁效应，生态犯罪可怕的危害性就在于不单单是针对某个生态要素造成破坏，而且具有迁延性、叠加性。

Up to now, except for a few developed countries in foreign countries that have clear legal provisions on ecological crimes, the term "ecological crimes" has not even been included in the criminal code of most countries. The concept, types and characteristics of eco-crime are also disputed by hundreds of scholars in foreign criminal law. The concept of "ecological crime" began in the former Soviet union, Russia in inheriting the concept of "ecological selfish departmentalism" under the premise of thought: the ecological crime refers to the act of implementation, sinful nature, the characteristics of illegality is harmful to the society, and damage to the surrounding environment and human health, and be prohibited by the criminal law and should be punished by penalty. The "public nuisance crime" in Britain and the United States refers to the state in which the public's enjoyment of public rights and even the exercise of public rights are infringed upon due to the violation of law by a person, thus undermining order, morality and customs. There are broad and narrow distinctions between ecological crime in China's criminal law field. In a broad sense, it refers to other related crimes in criminal law besides the provisions of chapter 6. The author thinks that the ecological crime can be described as: "due to the improper behavior of the actor, the ecological balance is unbalanced and the living environment is damaged, thus affecting the normal work of the ecosystem."

First of all, the core feature of ecological crime is to destroy the balance of ecological environment. Actor is a criminal behavior will cause unimaginable ripple effect, ecological the harm of the terrible is that not only are elements for a ecological damage, and protracted, superposition. For example, the water pollution incident in the wujiang river in guizhou province in 2011 will inevitably lead to the death of fish and other aquatic creatures, and the water used by coastal residents cannot be used. Secondly, people pursuing short-term economic interests are the fundamental characteristics of ecological crime, also is the ultimate goal of ecological crime, whether a natural person or body corporate ecological crime is the pursuit of economic interests is very naive, "there is no trading, no killing". Finally, the potential threat of ecological crime is large and involves a wide range. Any behavior that pollutes, inhibits and damages the ecological environment has an incubation period, so it will increase the corresponding difficulties in evidence collection, identification and identification.

Since the 1960 s, the world begin to pay close attention to environmental problems brought by the economic development, and innocence of ecological resources and the environment of economic law, administrative law, the protection of criminal law protection, lacks the corresponding previous economic law, administrative law will become a dead letter, so the criminal law is to protect the ecological environment at the end of the legal protection. So Germany, Italy, Japan, etc have special provisions for ecological crime in the penal code, and this kind of crime provides a more perfect punishment measures, at the same time, the United States because of the use of accessory criminal law legislation pattern, called ecological crime environmental crime, and divided into dangerous crimes and real harm, through case strengthened and the administrative regulations, the correlation of strengthening principle of strict liability. Russia called ecological crime directly, by using modern legislative mode to delimit the scope of general and special two legislation, and use more effective means such as "mandatory" to achieve the purpose of criminal law.

The study of ecological crime in China started late, especially the complicated and diversified ecological environment, which is easy to be destroyed and difficult to be controlled. But from the founding to the front of the criminal law promulgated in 79, in the true sense of the environment criminal activity legislation is still blank, after also not use two kinds of legislative mode, even without the word "ecological crime", but in the penal code in the form of ZhuanJie rules for break the environment and resources protection, no strict liability principle, the dangerous crimes such as applicable to the environmental crime. It is simply interacted by civil law, administrative law and criminal law, with emphasis on administrative means. Due to China's economic development co., LTD., the environment problem is prominent, the people there is no environmental protection consciousness, the provisions of the criminal law on the environment crime is more dispersed, so is not enough to fundamentally embodies the protection of ecological environment, but also makes the ecological crime in our country can not be stopped in the bud, unpredictable and remedy in time, the serious influence to the rules of criminal law. In guizhou province, for example: before the reform and opening in guizhou are not about ecological crime of criminal law, after the reform and opening-up policy, combining with the ecological environment in guizhou saved well, more fragile, easy to damage characteristic, formulate the regulations on the afforestation in guizhou, guizhou yelang lake water resources environmental protection ordinance, such as a large number of ecological laws and regulations, strengthen the protection of ecological environment, but still lack of criminal law, local laws regulating function is not strong, the ecological crime prevention, blow, punishment could not form a complete system.

First, abandon the traditional the ideological root of "anthropocentrism", in adhere to the "ecological", insist on the premise of the harmonious development of man and nature, attaches great importance to the ecological elements of its value, make the ecological law is the foundation of the legislation. Expand and enrich and protect the ecological environment related to civil law, administrative law, environmental law and local laws and regulations such as the criminal legislation, establish a set of prevention, supervision and punishment to combat the illegal crime of ecological law system; Secondly, learning Russian legislation pattern, will the ecological crime appeared in the penal code, in the form of discussed according to the characteristics of the ecological crime itself and the constitutive requirements, will not conform to the provisions of the ecological crime ZhuanJie constitutive requirements, but subordinate other charges list, spread to other sections, the criminal law provisions of the relevant ecological criminal charges for centralized, in order to ensure the ecological crime criminal law regulation system of logic and integrity; At the same time, add new charges, in order to eliminate blind area and adapt to the current legislation of ecological crime novel characteristics, improve the punishments, the author thinks that the traditional "regulation, criminal detention or fixed-term imprisonment and fine", on the basis of may order the person liable recover during the probation period, so as to achieve the win-win, punishment and education can also be applicable qualifications punishment in the ecological crime.

As is known to all, some ecological factors, there is no recovery or difficult to recovery, perfect the criminal law regulation of ecological crime, the key is to "prevention, protection priority, punishing" policy. On the one hand, in addition to strengthening education publicity in ethics, laws and regulations, it is necessary to optimize the allocation of environmental resources, integrate law enforcement resources, and define supervision and law enforcement organs and functions. On the other hand, improve the discovery rate of ecological crimes and ZhaChuLv, require active case-handling organ in accordance with the investigation, encouraging people to positive report, in the face of case do not delay, do not shuffle, not tolerance, strictly abide by the principle of a legally prescribed punishment and the ecological crime and improve the regulatory role of the criminal law of the premise; The responsibility cost of ecological crime should be strengthened, and the penalty should be strengthened, so that the profit of ecological crime is less than the cost of ecological crime, and the criminal motive of the perpetrator should be eliminated fundamentally. Set up a special ecological police, although our country has, the police, but only part of the ecological crime, so as to weaken the power of ecological crime punishment, so the project commissioner must improve the level of our country to crack down on the crime of ecological.

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