生态安全的刑法保护及立法完善

Protection of Criminal Law on Ecological Security and Legislative Perfection

当前,我国环境污染事件频发,严重危及生态安全和社会稳定,影响生态文明建设进程。环境保护法等法律法规重在追究破坏环境行为人的民事、行政责任,维护生态安全应当动用刑法。我国现行刑法虽然集中规定了破坏环境资源保护罪,但是总体来看规定仍较为分散,不能实现有效惩治。可以借鉴国外立法例,在我国刑法中设置"危害生态安全罪"专章,增设噪声污染罪等有关罪名和没收财产刑,实现刑事立法完善。

At present, the accidents of environmental pollution occur frequently and these incidents lead to ecological security and social stability as well as influence of the process of ecological civilization. The aim of law of environmental protection and the other regulations focus on tracing civil responsibility and administrative responsibility to people who damage the environment. However, criminal law should be used to maintain ecological security. Although criminal law stipulates the crime of protection on damaging environmental resource at present, these stipulations are dispersed and can not achieve the punishment efficiently. Therefore, we may draw lessons from the case of foreign legislation to add the crime of damaging ecological security to our criminal law. Also, the crime of noise pollution and the criminal law of confiscating assets should be added to the criminal law so as to achieve legislative perfection.