污染环境罪的刑事治理不足与公益诉讼补强——基于犯罪经济学视角

The Criminal Deficiency of Environmental Pollution Crime and the Complement of Public Interest Lawsuit——Based on the Perspective of Criminal Economics

基于犯罪经济学视角探究污染环境罪的刑事立法,发现其存在惩罚的严厉性和确定性不足的问题,以至于犯罪成本低、收益高,犯罪人犯罪意愿高。同为保护环境公益而产生的环境民事公益诉讼制度,可以通过“并用”或“附带”的形式,增加惩罚的严厉性和确定性,提高犯罪成本,降低犯罪收益,补强刑事治理的不足之处。

The criminal legislation of environmental pollution crime was explored based on the perspective of crime economics.It was found that there were problems of insufficient severity and certainty of punishment,so that the crime cost was low,the income was high,and the criminal will was high.In view of these shortcomings,the environmental civil public interest litigation system,which was also created for the protection of environmental public interests,can increase the intensity and probability of punishment through the form of combined or incidenta.It could increase the cost of crime,reduce the income of crime,and strengthen the shortcomings of criminal governance.