矿产资源刑事法律生态化分析-环境与资源保护法学专业论文.docxVIP

PAGE PAGE 6 criminal law be more efficient in environment protection and sustainable development. Nowadays, the situation of mineral resources in our country is more and more austere. Exploitation without permission is not only causing huge economic loss, but also damaging the environment of human for living. Ulteriorly, it is threatening the economic and social sustainable development of our nation. Facing to the characters that crimes to mineral resources are potential and long-term, given the defe cts in ideology and system of criminal law for protecting mineral resources, this thesis discussed ecologicalization of the criminal law for protection of mineral resources concretely in four sections. The first section started from the concept of ecologicalization, analyzed and discussed clarification of ecologicalization of the law. Based on that, the author proposed ecologicalization of the criminal law for protection of mineral resources, and figured that we should melt the conception of ecologicalization to criminal legislation of mineral resources, and transmit the criminal law to the legal system which maintains the sustainable development of mineral resources. The second section of this thesis illustrated the reasons for ecologicalization of criminal law for protection of mineral resources from three facets, as the cruel reality of the damage happenned in mineral resources, defects in present laws for mineral resources and the attitude of sustainable development. The third section compared the system, recognition of crimes, object of protection and criminal punishments among China, Japan, the U.S.A. and Russia in the area of legislation of criminal laws for protection of mineral resources. And this section provided applicable experience for ecologicalization of the criminal law for protection of mineral resources. The fourth section focused on advising on the routes of ecologicalization of the criminal law for protection of mineral resources. The autho