我国环境刑法制裁效力困境的思考

On the Plight of the Effectiveness of China's Environmental Criminal Law Sanctions

我国环境刑法立法体系正在逐步完善,但由于维护生态利益的意识和手段未突出,我国环境刑法司法实践仍多面临制裁效力的困境。从效力困境的问题切入,分析我国环境刑法立法缺陷,提出立法体例进一步完备,增设危险犯,明确因果关系推定原则,增加刑罚种类等建议。

The legislative system of environmental criminal law in China has been gradually completed. How-ever, due to the fact tliat tlie awarenes and means of maintaining ecological interests are not outstanding, thejudicial practice of environmental criminal law in China is still facing the plight of sanctions effectiveness, fromwhich the defects in its legislation were analyzed, and suggestions were put forward of furtlier perfectislative style, adding a category of dangerous offenders, defining the presumption principle of causality and in-creasing the types of penalty.