生态安全刑法规制的制度构建与规范

Construction and Regulation of Criminal Law System concerning Eco-security

刑法安全体系的构建经历了由一元化到四维化的发展过程。作为国家安全的重要组成部分,生态安全保护既是确保公民生命健康安全的需要,又是实现社会秩序稳定和国民经济繁荣的必然要求。严格意义上的生态安全应当由自然生态安全和社会生态安全两部分组成。将生态安全纳入刑法规制,是基于刑法的定位和价值取向以及我国日益严峻的生态安全形势所做出的正确选择,同时符合了世界法治的发展大势。实现生态安全刑法规制的体系化和规范化,要同时加强宏观统筹和微观调适。

The construction on the security system of criminal law has experienced a development from one dimension to four-dimension. As an important part of national security, eco-security is not only to ensure the health and safety of citizens, but also a necessary requirements to realize social order and stability as well as economic prosperity. Eco-security should be composed of two parts, which is the natural eco-security and social eco-security. Including eco-security into the criminal law is a correct chocie facing the increasingly serious eco-security situation in our country based on the orientation of criminal law and its value orientation, which is also in line with the global trend of rule of law. To realize the systematization and standardization of the criminal law system concerning eco-security, we should strengthen the macro and micro adjustment at the same time.