环境违法犯罪罚款与罚金的具体衔接

The Specific Connection between Administrative Fines and Criminal Fines for Environmental Violations and Crimes

司法实践中,环境违法犯罪行为罚款与罚金的具体衔接存在混乱。环境违法犯罪行为具有复杂性、潜伏性、持续性等特点,这些特点使得环境违法犯罪行为单复数的判断成为问题,也使得罚款与罚金的具体评价对象不够明确,有时甚至违反一事不再罚原则。规范行为说可以使环境犯罪行为的单复数判断变得较为清晰。罚款应当在不超于罚金可能最高额的前提下分情形与罚金衔接。

In the judicial practice, there is confusion in the specific connection between administrative fine and criminal fine for environmental violations. Environmental crimes are characterized by complexity, latency and persistence. These characteristics make the judgment of the singular and plural of environmental crimes a problem. They also make the specific targets of administrative fine and criminal fine not clear enough, and sometimes even violate the principle of non-repeated penalty. The theory of normative behavior can make the former clearer. Administrative fines should be connected to the criminal fine according to the specific circumstances with the precondition that administrative fine should not exceed the maximum amount of criminal fine.