论“环境监管失职罪”的局限性及其完善

On limitation and improvement of “Crime for Dereliction of Duty of Environment Supervising and Managing”

"环境监管失职罪"作为现行刑法中仅存的规制环境执法主体渎职犯罪的罪名,对环境监管体制的正常运作具有重大意义,与生态安全的保障更是休戚相关。然而,该罪名的局限性使得相关法条很难发挥惩罚及预防犯罪的作用,无法解决当下环境监管渎职犯罪规制所面临的众多理论及实践难题。对"环境监管失职罪"局限性的完善,主要包括增添、细化环境监管渎职的罪名,完善罪名的构罪规定及相应的法定刑配置。

As the only crime which regulating the dereliction crime of subject of environmental lawenforcement in current criminal law,＂Crime for Dereliction of Duty of Environment Supervising and M anaging ＂has important significance to the normal operation of environmental supervision system,and is closely related with the guarantee of ecological security. However,the limitation of the crime makes related legal articles hardly exert their functions of punishing and preventing crimes,and cannot solve the many current theoretical and practical problems facing by the regulation of dereliction crime of environmental supervision. The elimination of limitations of ＂Crime for Dereliction of Duty of Environment Supervising and M anaging ＂mainly includes adding,detailing the contents of dereliction crime of environmental supervision,perfecting the regulation of composing crime and corresponding legal penalty configuration.