域外环境犯罪立法初探

Legislation of extraterritorial environmental crime

在世界各国工业化的进程中,对环境的污染和破坏越发严重,给人类自身的生存和发展带来了严重威胁,环境问题已成为社会普遍关注的焦点。为此,世界上各国均进行了关于危害环境行为的刑事立法。文章通过分析域外环境犯罪刑事立法的现状,发现我国环境犯罪立法的不足,提出域外环境犯罪立法的可借鉴之处。

In the process of world industrialization, the more serious pollution and destruction of the environment poses a serious threat for humanity＇s survival and development, so that the environmental issues have become the focus of widespread concern. To this end, countries all over the world carried out the legislation on criminal behavior dangerous to the environment. In civil law countries, for example, the legislation on environmental crime has a long history and is more systematic and comprehensive. The common law countries also have their own legislative characteristics, different from civil law countries with the characteristics of the criminal legislation, which is generally based on administrative accessory criminal law and apply the principles of the common law and special criminal law. By analyzing the present situation of extraterritorial criminal legislation of environmental crime, found insufficient legislation of environmental crime in China and proposed what we can learn from extraterritorial legislation of environmental crime.