新时代环境犯罪刑事执法转型路径思考

Transformation Path of Criminal Law Enforcement of Environmental Crime in the New Era

当前我国生态文明建设已步入新时代,虽然环境治理取得了一定成效,但是仍存在环境犯罪执法缺乏规范化、刑事立案难、证据获取和认定难等问题。为了探索新时代公安机关环境犯罪刑事执法转型路径,笔者将环境犯罪刑事执法界定为公安机关为了打击环境犯罪所进行的立案及侦查活动,将新时代生态治理理念归纳为“与时俱进的生态理念”“法治理念”“系统化和整体化理念”以及“合作理念”,并将上述理念落实到公安机关环境犯罪刑事执法中,提出践行生态法治观、打造法治公安,建立协调联动、信息共享、工作协同机制,加强刑事执法监督、完善约束机制等建议。

At present,the construction of ecological civilization in China has entered a new era.Although environmental governance has achieved certain results,there are still some problems such as lack of standardization of environmental crime law enforcement,difficulty in filing criminal cases,and difficulty in obtaining and identifying evidence.In order to explore the transformation path of criminal law enforcement of environmental crime by public security organs in the new era,the criminal law enforcement of environmental crimes was first defined as case filing and investigation activities carried out by public security organs to combat environmental crimes.Secondly,the concept of ecological governance in the new era was summarized as"ecological concept advancing with the times","rule of law concept","systematization and integration concept"and"cooperation concept".Finally,the above concepts were implemented in the criminal law enforcement of environmental crimes by public security organs,and six suggestions were put forward to practice the ecological concept of rule of law and create public security under the rule of law,establish coordination and linkage,information sharing,and work coordination mechanisms,strengthen criminal law enforcement supervision and improve restraint mechanisms.