黄河流域生态环境问题刑事规制研究

Research on Criminal Regulation of Ecological Environment in the Yellow River Basin

黄河流域面临着严峻的生态环境问题,在共抓黄河流域大保护的国家战略下,刑法应当充分发挥其作为保障法的重要作用。我们应当完善生态环境保护的刑事立法,保持从严打击的刑事政策态势,加强源头治理,建立环保领域"行""刑"两法衔接机制。着力解决污染环境罪的司法实践与流域污染治理脱节问题,完善环境公益诉讼和生态环境损害赔偿诉讼制度。多措并举,从而使刑法及其实施成为维护黄河流域生态环境的有力武器。

The Yellow River basin is facing severe ecological environment problems. Under the national strategy of focusing on the protection of the Yellow River basin,the Criminal Law should give full play to its important role as a security law. The criminal legislation of ecological environment protection should be improved to strictly adhere to the criminal policy of crackdown,strengthen the governance at the source,and establish a cohesive mechanism between " action" and " punishment" in the field of environmental protection. This paper focuses on solving the inconsistency between the judicial practice of environmental pollution crime and the pollution control of the river basin,and improves the environmental public interest litigation and ecological environment damage compensation litigation system. Multiple measures make the Criminal Law and its implementation a powerful weapon for maintaining the ecological environment of the Yellow River basin.