Comparative Study of Legislations on Major Domestic and Foreign Environmental Pollution Crimes

Zhifeng XIAO, Qiong LUO

Abstract


Surveying across Germany, Japan, The United Kingdom, and the United States’ environmental pollution crime legislations, there are similarities and differences, and these similar or different models or regulations reflect their different environmental states, legal cultures, legal traditions, political systems, levels of economic development, etc., and have achieved positive results in their own countries. Having been inspired by these countries which are sophisticated in the trend of environmental protection and mature in environmental criminal legislation, our country should also discover a path that is suitable for us according to our own environmental pollution problems and practices. It is suggested that major environmental pollution crimes’ relevant regulations are to be further modified from the perspective of how things ought to be. Possible flaws in the legislative techniques aside, fundamentally speaking, a lot of the other problems or deficiencies stem from just what kind of value system major environmental pollution crimes are systematically constructed and responsibilities allocated. Only by coming from a correct and sound value system can there be an effective guidance to the scientific design of the regulations of these types of crimes and to have it be effective in practice when preventing and remedying major environmental pollutions. 


Keywords


Environmental pollutions; Crimes; Legislations; Comparative

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References


Gan, Y. P., & He, P. (1984). Foreign criminal jurisprudence (p.157). Peking University Press.

German criminal code (p.160). (J. S. Xu & J. H. Zhuang, Trans.). China Fangzheng Press.

Luo, J., & Du, W. P. (2004). Comparative study of legal interests of environmental criminal laws. Journal of Jiangxi Public Security College.

Wu, X. P. (2010). Environmental crimes and environmental criminal laws (p.165). Intellectual Property Press.




DOI: http://dx.doi.org/10.3968/9551

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