论环境侵权的刑法规制

A Study about the Penal Stipulation of Environmental Tort

环境侵权问题的日益严重,迫使许多国家强化对严重危害生态环境的行为推行"犯罪化"和"刑罚化",中国也不例外。我国刑法虽然专章规定了破坏环境资源保护罪,但受传统刑事立法思想的束缚,环境刑法应有的功能却受到严重制约。因此,环境刑法的立法完善应以环境侵权为逻辑起点,以民法的社会化为内在根基,兼顾人本主义和生态主义的立法理念,适度增设新的刑种和罪名,但不应盲目适用危险犯和严格责任。

With the seriousness of environmental tort problem, many countries including China are forced to execute the practice of criminzation and penalty. The chapter of the Criminal Law provides for the protection of destroying the environmental resources. Constrained by the thinking of the traditional criminal legislation, the function of the environmental law has been seriously restricted. Therefore, the improvement of legislation on the environmental criminal law should take the environment tort as logical beginning. The socialization of eivil law should be the internal foundation of environmental tort criminal remedy. The environmental criminal law should pay attention to the idea of both humanism and the ecology principle, then we should moderately build some new penal and the criminal charges, but shouldn＇ t blindly stipulate potential damage offense and strict liability.