On the revision of environmental crime again: Concept evolution and trend prospect
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D924.3

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    Abstract:

    There are two ways and three directions in the Amendment of Criminal Law (XI) on environmental crimes. The two types of revisions include patching and adding. The Amendment of Criminal Law (XI) is problem-oriented and strengthens the punishment of environmental crimes from three directions:pay equal attention to environmental protection and resource protection; the relative harshness of penalties; integration of environmental crime governance. Throughout the four revisions of environmental crimes, there has been a fundamental change in the governance of environmental crimes in China, that is, the decline of retributivism and the rise of preventionism, and the governance concept has completely shifted from retributivism to preventionism. In the long run, the governance of environmental crimes should not only change from movement governance to regular governance, but also to restorative governance. There are three main ways to realize restorative governance:first, ecological restoration as a way of assuming civil liability; second, ecological restoration as sentencing circumstances; third, ecological restoration as a means of criminal responsibility.

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王勇.再论环境犯罪的修订:理念演进与趋势前瞻[J].重庆大学学报社会科学版,2021,27(5):197~207

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  • Online: November 05,2021
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