生物多样性保护法律框架下行政法与刑法规范之冲突及解决

The Confl ict and Solution of Administrative Law and Criminal Law in the Bio-diversity Conservation System

行政法与刑法是生物多样性保护法律体系中最为重要的部门法。立法时间不一、立法考虑欠周,对行政法中的刑事责任内容规定过于细致等原因,直接导致行政法中的附属刑法规范与刑法典的相关规定发生冲突。解决这些冲突的最佳途径应该是,生物多样性保护行政法中的附属刑法规范只笼而统之地规定衔接性条文,即只需规定"违反本法,构成犯罪的,依照刑法追究刑事责任"的附属刑法条款即可,无需规定刑法条文序号、罪名和具体罪状。

Administrative Law and Criminal Law is the most important department of law in the bio-diversity system. The different Legislative time, the legislation of ill considered and the meticulous content of criminal responsibility stipulation in administrative law are the reasons that lead directly to the conflict rules put in place as accessory to criminal law, in both administrative law and criminal law. The accessory criminal law in bio-diversity protection of administrative law can only generally speaking provide provisions of articles that link in the best way possible to resolve these conflicts. It is means that the accessory criminal law can only stipulate the subsidiary criminal law provisions that violation of this law which constitutes criminal acts shall be investigated for criminal responsibility in accordance with the criminal law; without having to stipulate the provisions of the criminal law number, accusation and the specific counts.