西部环境问题的刑法对策思考

The Thought on the Countermeasures of Criminal Law about the Environment Problems of the West

要治理好西部日趋恶化的环境问题,从刑法对策角度出发,在罪与非罪的界定原则方面,应坚持差异性原则、有限制的因果关系推定原则;在环境犯罪的刑事制裁方面,刑事制裁的对象顺序应为个人———单位;立法未对环境犯罪规定死刑是妥当的,立法取消无期徒刑值得讨论,应充分发挥财产刑的惩罚与补偿作用;在非刑罚处理措施方面,应重视环境犯罪的非刑罚制裁方法。

To harness the gradually bad surroundings problems in the west,from the aspect of the countermeasures of criminal law and the principle of guilty or not,we should insist the principle of difference and the principle of cause and effect.In the aspect of the criminal punishment about the crimes of enviornment,the order of the object of criminal punishment shoud be person--working unit.The law that didn't give the capital punishment to the crimes of enviornment is right,and the canceling of life imprisonment is worth discussing.We should develop well the punishment and compensation function of property punishment.In the aspect of non-criminal punishment,we should pay attention to the non-criminal punishment of the crimes of environment.