中俄破坏野生动物资源犯罪比较研究
发布时间：2019-02-08 18:09
【摘要】：工业革命和科技革命给社会带来了巨大的影响,推动了社会的进步,特别是二十世纪中期以后,各国在工业领域、核领域、宇宙领域、海底领域等展开了大规模的探索、开发和利用,严重地污染与破坏了水域、大气层和动植物系统等生态环境,危害了人类的生存、健康和发展,成为当今社会一个严重阻碍全球持续发展的国际问题。 环境保护已经不仅仅是个人、一个国家的责任,而成为全球关注的热点问题。21世界的社会是环保的社会。保护自然生态系统,重视物种的多样性正是其中的一个重要方面。 野生动物资源是自然生态系统的重要组成部分,对人类的生存和发展起着不可忽视的巨大作用,人类与植物、动物以及其他生物共同组成了生物圈,人类之所以能够在地球上生存,是生态平衡的缘故。而由于野生动物资源自身的特性,以及人类追逐经济利益、漠视自然规律的本能,破坏野生动物资源犯罪成为资源犯罪类中为数较多的组成部分。利用刑事立法保护动物资源已经成为国际社会的共同认识,为数不少的发达国家都制定了相对完善的刑事立法来进行野生动物保护。相较而言,我国制定野生动物保护及相关犯罪的法律、法规由于起步较晚,故而基础较差,有待完善进步。本文分为以下几个部分： 第一部分是破坏野生动物资源犯罪概述。简要阐述了野生动物资源的界定、破坏野生动物资源犯罪的界定以及破坏野生动物资源犯罪的犯罪成因,简略的概括了其经济、法律以及思想上的成因。 第二部分是中俄破坏野生动物资源犯罪立法价值观与范围比较。这一部分包括两方面的内容,主要是针对中俄两国破坏野生动物资源犯罪的立法价值观、立法范围两方面的共通性与差异性进行比较,简单归纳概括现状后,阐述了两国异同的原因最终得出借鉴性结论。 第三部分是中俄破坏野生动物资源犯罪构成与刑事责任比较。这一部分包括两方面的内容,主要是针对中俄两国破坏野生动物资源犯罪中几种个罪,比较了犯罪构成与刑事责任的共通性与差异性,简单归纳概括现状后,阐述了两国异同的原因最终得出借鉴性结论。 第四部分是借鉴俄罗斯破坏野生动物资源犯罪的刑事立法,概括了中国在破坏野生动物资源犯罪刑事立法方面存在的不足以及需要改进之处,提出了完善中国破坏野生动物资源犯罪的6项建议。
[Abstract]:The industrial revolution and the scientific and technological revolution have had a great impact on society and promoted social progress. Especially since the middle of the twentieth century, countries have carried out large-scale explorations in the industrial, nuclear, cosmic, and submarine fields. Exploitation and utilization seriously pollute and destroy the ecological environment, such as water area, atmosphere, animal and plant system, and endanger the survival, health and development of mankind. It has become an international problem that seriously hinders the sustainable development of the whole world. Environmental protection is not only the responsibility of individual, a nation, but also a hot issue of global concern. Conservation of natural ecosystems and attention to species diversity is one of the important aspects. Wildlife resources are an important part of the natural ecosystem, which plays an important role in the survival and development of human beings. Human beings, plants, animals and other living things together form the biosphere. The reason why human beings are able to survive on the earth is because of ecological balance. Because of the nature of wildlife resources and the instinct of human beings to pursue economic interests and ignore natural laws, the crime of destroying wildlife resources has become more and more part of resources crimes. The use of criminal legislation to protect animal resources has become a common understanding of the international community, a large number of developed countries have formulated relatively perfect criminal legislation to protect wildlife. In contrast, our country formulates the wildlife protection and the related crime law, the regulation because starts late, therefore the foundation is poor, waits for the consummation progress. This paper is divided into the following parts: the first part is an overview of the crime of destroying wildlife resources. This paper briefly expounds the definition of wildlife resources, the definition of crime of destroying wildlife resources and the causes of crime of destroying wildlife resources, and briefly summarizes its economic, legal and ideological causes. The second part is the comparison of the legislative values and scope of the crime of destroying wildlife resources between China and Russia. This part includes two aspects, mainly aiming at the legislative values of the crime of destroying wildlife resources between China and Russia, comparing the similarities and differences between the two aspects of the legislative scope, and briefly summarizing the present situation. The reasons of similarities and differences between the two countries are expounded. The third part is the comparison of the constitution and criminal responsibility of the crime of destroying wildlife resources between China and Russia. This part includes two aspects, mainly aiming at several crimes of destroying wildlife resources between China and Russia, comparing the common character and difference between the constitution of crime and criminal responsibility, and briefly summarizing the present situation. The reasons of similarities and differences between the two countries are expounded. The fourth part is to draw lessons from the criminal legislation of destroying wildlife resources in Russia, and generalize the shortcomings in criminal legislation of destroying wildlife resources in China and the areas that need to be improved. Six suggestions were put forward to improve the crime of destroying wildlife resources in China.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D951.2;D924.3
[Abstract]:The industrial revolution and the scientific and technological revolution have had a great impact on society and promoted social progress. Especially since the middle of the twentieth century, countries have carried out large-scale explorations in the industrial, nuclear, cosmic, and submarine fields. Exploitation and utilization seriously pollute and destroy the ecological environment, such as water area, atmosphere, animal and plant system, and endanger the survival, health and development of mankind. It has become an international problem that seriously hinders the sustainable development of the whole world. Environmental protection is not only the responsibility of individual, a nation, but also a hot issue of global concern. Conservation of natural ecosystems and attention to species diversity is one of the important aspects. Wildlife resources are an important part of the natural ecosystem, which plays an important role in the survival and development of human beings. Human beings, plants, animals and other living things together form the biosphere. The reason why human beings are able to survive on the earth is because of ecological balance. Because of the nature of wildlife resources and the instinct of human beings to pursue economic interests and ignore natural laws, the crime of destroying wildlife resources has become more and more part of resources crimes. The use of criminal legislation to protect animal resources has become a common understanding of the international community, a large number of developed countries have formulated relatively perfect criminal legislation to protect wildlife. In contrast, our country formulates the wildlife protection and the related crime law, the regulation because starts late, therefore the foundation is poor, waits for the consummation progress. This paper is divided into the following parts: the first part is an overview of the crime of destroying wildlife resources. This paper briefly expounds the definition of wildlife resources, the definition of crime of destroying wildlife resources and the causes of crime of destroying wildlife resources, and briefly summarizes its economic, legal and ideological causes. The second part is the comparison of the legislative values and scope of the crime of destroying wildlife resources between China and Russia. This part includes two aspects, mainly aiming at the legislative values of the crime of destroying wildlife resources between China and Russia, comparing the similarities and differences between the two aspects of the legislative scope, and briefly summarizing the present situation. The reasons of similarities and differences between the two countries are expounded. The third part is the comparison of the constitution and criminal responsibility of the crime of destroying wildlife resources between China and Russia. This part includes two aspects, mainly aiming at several crimes of destroying wildlife resources between China and Russia, comparing the common character and difference between the constitution of crime and criminal responsibility, and briefly summarizing the present situation. The reasons of similarities and differences between the two countries are expounded. The fourth part is to draw lessons from the criminal legislation of destroying wildlife resources in Russia, and generalize the shortcomings in criminal legislation of destroying wildlife resources in China and the areas that need to be improved. Six suggestions were put forward to improve the crime of destroying wildlife resources in China.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D951.2;D924.3
【参考文献】
相关期刊论文 前10条
1 刘晓莉;刘迪;;俄罗斯生态犯罪的立法评析及借鉴[J];东北亚论坛;2007年04期
2 董邦俊;;环境犯罪立法思考[J];中国地质大学学报(社会科学版);2006年01期
3 赵星;安然;;环境犯罪对传统刑罚目的之挑战与应对[J];法学杂志;2009年04期
4 颜九红;;环境犯罪罪名体系之科学构建[J];法学杂志;2009年09期
5 许艺凡;;试论我国刑法对野生动物的保护[J];法制与经济(中旬刊);2009年06期
6 沈怡，
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