生态环境的刑法保护路径

The Protection Path of Criminal Law of the Ecological Environment

经济发展与生态环境保护总是相互矛盾而又统一的。基于对生态伦理学的理解,联系当前我国生态环境破坏中的水生态、生物生态以及土地生态的问题,再通过比较分析域内外刑法调整生态环境问题的历程,突出刑法作为法律保护的最后防线对生态环境保护的必要性。刑法对生态环境破坏的规制,符合依法治国理念的重要指引以及刑法的谦抑性原则,也能体现习近平总书记的生态文明思想,而且还是完善法律责任体系的需要。为此,在综合考量生态伦理的情况下,提出刑事立法的生态伦理价值建构、以生态环境为中心的刑事立法态度与确立生态法益在刑法中的独立地位三步并进的刑法保护新路径。

Economic development and ecological environment are always contradictory and uniform. Economic development often affects the maintenance of the ecological environment. Based on the comprehension of ecological ethics, the current problems of ecological environment, ecological ecology and severe land ecological problems in the destruction of ecological environment in our country are connected with each other, and then the course of adjustment of ecological environment through the comparative analysis of criminal law in and out of the territory is highlighted, with the criminal law as the final defense of legal protection Necessity of protecting the ecological environment. The regulation of the damage to the ecological environment by the Criminal Law, the important guideline of conforming to the idea of governing the country according to law and the modest and restraining principle of the Criminal Law can also reflect the ecological civilization thought of General Secretary Xi Jinping, but also the need of perfecting the legal liability system. Therefore, under the circumstance of comprehensive consideration of ecological ethics, this paper puts forward the new path of Criminal Law protection, including the construction of ecological ethic value of criminal legislation, the criminal legislation attitude centered on ecological environment and the establishment of the ecological legal interest in the Criminal Law.