论环境安全视角下的环境刑事责任

On the Criminal Responsibility on Environment Basing the Safety of Environment

当今社会正面临日趋严重且类型众多的灾害,构成生态环境安全的巨大威胁。运用刑法武器维护环境安全成为各国普遍采用的法制手段,但是我国刑法在环境刑事责任的归责陈述、承担主体、归责因果关系以及环境刑事责任的实现等诸方面,并没有体现出与实践相适应的环境刑事责任理论。鉴于此,立足于环境安全视角,评述环境刑事责任的现状及发展。

The modern society is facing more serious and more popular natural disasters. These disasters have become threats to the safety of ecological environment. Using the criminal law to keep environment safety is normal legal method in every country. In china, the criminal responsibility for environment cannot satisfy the need of reality,such as how to take and who take,the reason for taking the criminal responsibility for envirment charge, and puting responsibility into practice. In view these, this paper comments on the reality and development of the criminal responsibility for environment based on the safety of enviroment.