環境法におけるサンクションの在り方 : 環境刑法を中心として
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概要
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In 1970 "the low concerning punishment of pollution crimes related to human health hazards" was enacted. This law regards an act which causes any specific hazards to a human life or body as a crime to be punished, following the so-called pollution cases such as Minamata Disease case. It has adopted the provision of double punishment which regards not only an individual but also the subject of a corporation as a criminal and has the presumed provisions of a causal sequence. Despite these provisions, however, a target for punishment was limited to "emission of harmful substance accompanied by industrial activities", which made it impossible to apply the law to accidental pollution and considerably limited its scope of application. Not only that, the benefit and protection of the law were limited to a human life, body and health. So the required condition of a crime was stipulated to be a specific dangerous crime, so that a remedy had to be taken only afterwards. But today it si necessary to think of pullution not from a narrow viewpoint of global living environment and global natural environment and to think of conservation mesures. From such a viewpoint, after the 1992 "Earth Summit", the Basic Environment Law was enacted in 1993 which aims to be a more comprehensive and active environmental law, emphasizing prevention of destruction and pollution of future environment, rather than trying to find a remedy after damage has been given to the environment. Instead of the conventional control system in which the source of harmful substance was regarded as "evil" and dirct control of a particular source was emphasized, economic instruments which aim to actively protect the environment by applying the market theory to economic activities have now been attracting people's attention. They do not regard economic activities themselves as "evil" based on the recognition that only when human activities such as production and consumption exceed a certain level, they will adversely affect the environment. Here environment is given certain economic value because of its rarity value and regarded as the target to be paid appropriately when used. This change in our sense of value will certainly influence the substance and meaning of punitive provisions as sanction which, it is no exaggeration to say, exist in all environmental laws. I believe, it becomes to be most appropiate to utilize the pollution deterrent policies which have various economic incentives according to the theory of punishment. Therefore, it seems necessary to review the meaning of punishment in the environmental laws. This paper contains the following items : 1. Introduction 2. Problems in Environmental criminal Law 3. Use of Sanction not accompanied by Punishment 4. Conclusion
- 日本法政学会の論文
- 1997-05-15
日本法政学会 | 論文
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