论西部经济开发中环境犯罪的刑法对策

On the Countermeasures in Criminal Laws against Crimes on Environment in the West Development of China

西部开发是我国国民经济和社会发展“十五”计划的一项重大举措,也是一项集环保资源开发与科教人才战略于一体的系统工程。可持续发展战略与西部脆弱的生态环境现状,决定了西部开发中保护资源环境的重要性。刑法作为环保法律体系中必不可少的一环,对预防环境犯罪、保护资源环境有举足轻重的作用。目前我国的环境刑事立法还不够完善,导致对环境犯罪打击不力。完善我国环境刑事立法,加强对环境犯罪的刑事抗制,是适应西部开发中环境保护所面临的严峻形势之需要。

West Development is a great move of China in its 11 th “Five-year Plan” for the development of national economy and society, and a system engineering involving environment protection, resource development, and the strategy in science, education and talents. The strategy of sustainable development, along with the present condition of the fragile ecology of westem China results in the significance of the protection of resources and environment in the West Development. The criminal law, as an indispensable part of the legal system of environmental protection, plays a key role in the prevention of crimes on environment and the protection of resources and environment. The present legislation of criminal law on environmental protection inChina has not been perfected, which leads to ineffective combat of crimes on environment. Therefore, the perfection of the legislation of criminal laws on environmental protection in China and the strength to face the austere situations in the ening of the combat against crimes on environment are the demands environment protection in the grand project.