环境刑法行政化的基本问题探析

On the Fundamental Problems of Administrative of Environmental Criminal Law

环境刑法行政化研究环境保护进程中刑事法与行政法的交叉和衔接问题。环境刑法行政化具有坚实的现实基础和理论依据,但是环境刑法的行政化是有限度的。环境保护中行政权与刑事司法权的关系是我国环境刑法行政化中权力结构完善的前提。我国刑法典和附属环境刑法中关于环境刑法行政化的规定存在立法技术缺陷,应对其予以完善。

The administration of environmental criminal law is about the intersection and joint of the environmental administrative law and criminal law in the environment protection. The administrative of environmental criminal law has solid foundation in reality and theoretical basis, and there are also limits to the administrative of environmental criminal law. The relationship between environmental administrative power and criminal judicial power is the antecedent of the power organization of administrative of environmental criminal law. The systematic defects and their perfection is a foothold of the administrative of environmental criminal law, which scans and reflects the defects from the angle of the administrative.