我国环境刑法的扩张及其限度考量

Expansion of China's environmental criminal law and its limits

伴随着刑法的不断修正,有关环境犯罪的立法在罪名数量、入罪标准、刑罚设置上,都呈现了扩张性变化。然而,从"环境刑法"实施效果上看,环境问题并未随着刑法的扩张而有明显改善,司法实践中仍存在着刑法执行不力或执行困难问题。环境改善的主要原因在于综合治理,而非刑法的扩张。为避免刑罚的滥用,应通过明确环境犯罪法益,限制过失危险犯和严格责任的立法,保障环境刑法的适度适用。

With the continuous revision of the criminal law,the legislation on environmental crime has shown an expansionary change in the number of crimes,the criteria for conviction and the setting of punishment.However,from the perspective of the implementation of the“environmental criminal law”,the environmental problems have not been significantly improved with the expansion of the criminal law,and there are still problems in the judicial practice of poor enforcement of the criminal law or implementation difficulties;the main reason for environmental improvement is comprehensive management,not the expansion of criminal law.In order to avoid the abuse of penalties,it is necessary to clarify the legal benefits of environmental crimes,limit the negligent dangerous offenders and strict the legislation of liability,with a view to ensuring the appropriate application of environmental criminal law.