论我国环境犯罪罚金刑的立法完善

On Perfecting Legislation of Fine Punishment of Environmental Crime in China

罚金刑作为刑罚的一种,有助于环境犯罪的预防与惩治,其特殊性在于可以将其用于环境修复,使因环境犯罪行为导致的环境污染或环境破坏得到一定程度上的修复。而我国环境犯罪刑法关于罚金刑在数额的规定方式上、刑罚的适用方式上以及数额确定上未区分犯罪故意与过失等方面,存在诸多不足,导致司法机关对环境犯罪罚金刑的适用存在困难。为此,有必要通过确立环境犯罪罚金刑数额规定方式,确定相应的标准,增加易科罚金制作为环境犯罪罚金刑的适用方式,并且对于环境犯罪罚金刑数额的适用以故意与过失为基础,予以完善。

Fine punishment as a kind of property punishment, contributes to prevention and punishment of environmental crime. Its particularity is that it can be used for environmental restoration, treating environmental pollution caused by environmental crime or repairing environmental damage. However, environmental criminal legislation about fine punishment has a lot of weaknesses in the provisions of the amount, the applicable way, and not distinguishing criminal intent and negligence in legislation, which lead to many difficulties in judicial application of the environmental crime penalty punishment. So, to perfect legislation of fine punishment of environmental crime, we must establish provisions of the amount and its corresponding standards, and add permitted penalty system as fine punishment of environmental crime, and the application of amount of the environmental crime penalty punishment must be based on intent or negligence.