生态修复责任与刑事责任的衔接困境及解决路径

Dilemmas and Solutions of the Connection Between Ecological Restoration Responsibility and Criminal Responsibility

环境刑事司法中生态修复责任与刑事责任衔接不畅的问题主要表现为民刑责任混淆、刑事裁判“重惩罚,轻修复”、生态环境修复费用与罚金抵触。对此可以民法典绿色原则指导生态修复责任与刑事责任的衔接。首先,准确厘清生态修复的刑法定性为从轻量刑情节,避免其与罚金不当折抵导致民刑责任混淆;其次,改变重刑主义倾向、推行司法合作理念,提高生态修复责任的地位;最后,确立生态修复责任优先原则,明确行为修复优先于金钱修复、金钱修复优先于罚金。

In environmental criminal justice,the problem of poor connection between ecological restoration responsibility and criminal responsibility is highlighted by the confusion of civil and criminal responsibility,the criminal judgment’s“heavy punishment,light restoration”,the conflict between ecological restoration cost and criminal fine.The Green Principle of Civil Code should be adopted to guide the connection between ecological restoration responsibility and criminal responsibility.The criminal-law nature of ecological restoration should be clarified as lighter sentencing circumstances,so as to avoid the confusion of civil and criminal responsibility caused by improper deduction of criminal fine.By changing the tendency of heavy punishment and promoting the concept of judicial cooperation,the status of ecological restoration responsibility can be improved.The principle of priority of ecological restoration responsibility shall be established,the priority of behavior restoration over pecuniary restoration and pecuniary restoration over criminal fine shall be clarified.