台湾地区涉林犯罪立法的观察与启示

Observation and Enlightenment of Legislation on Forest Crime in Taiwan Region

一直以来,台湾地区涉林犯罪高发,随着环境权与环境法益的兴起,相应的刑事立法也日趋完善,形成了"刑法"与"森林法"等行政刑法规制涉林犯罪的二元立法。相比台湾地区,我国大陆地区涉林犯罪立法对于环境法益重视不足,立法较为分散,构罪标准单一。应科学看待行政法与刑法的关系,重构以环境法益为主导的立法,集中设置涉林罪名,实现构罪标准多元化,并尝试建立环境影响评估体系,最终实现林业资源与环境的深度保护。

There has been a high incidence of forest-related crime in Taiwan.With the rise of environmental rights and environmental law interests,the corresponding criminal legislation is becoming more and more perfect forming the dual legislation of administrative criminal law,such as "Criminal Law"and "Forest Law"to regulate forest-related crimes.Compared with Taiwan,the forest-related crime legislation in China's Mainland pays less attention to the interests of environmental law,and the legislation is more scattered with the standard of construction crime being single.The relationship between administrative law and criminal law should be viewed scientifically,the legislation dominated by the interests of environmental law should be reconstructed,and the charge of forest involvement should be set up in order to realize the diversification of the standard of construction of crime.This paper attempts to establish an environmental impact assessment system to realize the deep protection of forestry resources and environment.