企业污染环境罪适用附条件不起诉制度研究——以认罪认罚从宽为视角

A Study on the System of Conditional Non-prosecution Applied to the Crime of Environmental Pollution Committed by Enterprises——From the Perspective of the Leniency System for Admitting Guilt and Accepting Punishment

面对日益严格惩治环境犯罪及大力发展民营经济的双重需求,附条件不起诉制度是处理企业污染环境犯罪诉和不诉之外的第三条道路。附条件不起诉可以纳入认罪认罚从宽的体系。附条件不起诉制度不但可以丰富单位犯罪的处理模式,更好地进行审前程序分流,而且兼具打击企业污染环境犯罪和减少起诉负面影响的双重价值。治理污染环境犯罪和未成年人附条件不起诉都具有修复性司法理念。本研究搜集的224份生效裁判文书显示,企业污染环境罪案件呈现罪行轻缓化、认罪态度良好的特点,附条件不起诉制度具有适用可能。以认罪认罚从宽制度为指导,拓宽附条件不起诉制度的适用范围,明确适用条件、协议效力及监督方式,可以为治理企业污染环境犯罪提供新方案。

Facing the double demands of increasingly strict punishment of environmental crimes and vigorous development of the private economy,the system of conditional non prosecution is the third way to deal with environmental pollution crimes committed by enterprises besides accusation and non-accusation.Conditional non-prosecution can be included in the leniency system for admitting guilt and accepting punishment.On the one hand,it enriches the mode of dealing with unit crime,which has a better effect of diversion of pre-trial procedures;on the other hand,it has the dual value of cracking down on environmental pollution crimes committed by enterprises and reducing the negative impact of prosecution.It has the idea of restorative justice to deal with the crimes of polluting the environment and the minors′conditional non-prosecution.According to the data of 224 effective judgment documents of the court,such cases show the characteristics of light punishment and good attitude of confession.Conditional non-prosecution system is applicable.Therefore,under the guidance of the leniency system of confession and punishment,the scope of application of the system of conditional non-prosecution should be broadened,and the applicable conditions,the effectiveness of the agreement and the way of supervision should be made clear,so as to develop a new scheme for the treatment of environmental pollution crimes committed by enterprises.