중국환경범죄의 형사법적 대처
Criminal Law against Environmental Crime in China
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초록
In order to control environmental crimes followed by industrialization and urbanization international community has started to share an idea: use of criminal law for environment protection. In comparison with 1979 Chinese present criminal law extensively regulates environmental crimes in order to handle environmental problems, which become more serious, and demands for protection of environment. There is, however, a big cognitive gap between economic development and environment protection. There also lacks judicial precedents related to environmental criminal law. In this perspective, it is difficult for criminal law itself to solve environmental issues. In conclusion, crimes against environment should be considered as endangering offenses (Gefahrdungsdelikt) with establishing a professional judicial agency against environmental crime. It is also needed to adopt “presumption” and “burden of proof” in the course of criminal suit to handle the complexity and casual relationship of environmental crimes.
Abstract
In order to control environmental crimes followed by industrialization and urbanization international community has started to share an idea: use of criminal law for environment protection. In comparison with 1979 Chinese present criminal law extensively regulates environmental crimes in order to handle environmental problems, which become more serious, and demands for protection of environment. There is, however, a big cognitive gap between economic development and environment protection. There also lacks judicial precedents related to environmental criminal law. In this perspective, it is difficult for criminal law itself to solve environmental issues. In conclusion, crimes against environment should be considered as endangering offenses (Gefahrdungsdelikt) with establishing a professional judicial agency against environmental crime. It is also needed to adopt “presumption” and “burden of proof” in the course of criminal suit to handle the complexity and casual relationship of environmental crimes.
참고문헌 (10)
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