摘要
我国现行《刑法》中没有关于环境犯罪危险犯的规定。目前的现实情况是仅仅依靠民事、经济、行政等法律手段已不足以对严重危害环境行为进行有效的防治。从环境立法价值取向的转变以及环境犯罪的特点等方面分析 ,结果都表明确立环境犯罪危险犯是必要的。应大胆吸收和借鉴国外在惩治环境犯罪方面的有益经验 ,完善我国的环境刑事立法 ,使其适应有效惩治和预防环境犯罪的现实需要。
There was no clause on dangerous criminal of environmental crime in China's existing “Criminal Law'. At present, it seemed impossible to effectively prevent actions that were harmful to the environment only by relying on civil, economic, administrative legal means. The result of the analysis on the change of value orientation of environmental legislation and the characteristics of environmental crime showed that the establishment of dangerous criminal of environmental crime was quite necessary. We should learn and use foreign countries' experiences in punishing environmental crimes to consummate the environmental criminal legislation in China so that the legislation in our country can meet the needs of effective punishment and environmental crime prevention.
