流域发展国家战略与环境刑事规制的完善

National Strategies on River Basin Development and the Improvement of Environmental Criminal Laws

长江流域和黄河流域重大国家战略开启了我国生态文明建设的新篇章。流域生态系统的整体性、复合性及生态保护的预防性特征对我国环境刑事规制提出了新的要求。现行流域环境刑事规制理论、制度及司法实践存在着刑事规制法益不清、规制范围狭窄、责任实现方式单一等问题,难以实现流域生态系统整体保护的制度目标。落实环境刑事规制在流域重大战略实施中的刚性保障作用,需要根据流域生态系统特性,结合流域重大国家战略的时代要求,重塑流域生态系统整体法益保护理念,拓展全要素的流域环境规制功能范围,并确立一体化的责任目标实现路径。

The major national strategies of the Yangtze River Basin and the Yellow River Basin have opened a new chapter in the development of ecological civilization in China. The fact that the basin ecosystem is an overall and composite whole and the ecological protection should be preventable has put forward new requirements for environmental criminal laws in China. However, there are some problems in theory, institutions and judicial practice of the current river basin environmental criminal laws, such as ambiguity in defining legal rights and interests, limited legal scope and simple way of responsibility realization, making the institutional goal of overall protection of river basin ecosystems difficult to achieve. To play the solid supportive role of the environmental criminal laws in the implementation of major river basin strategies, it is necessary to redefine the concept of the overall protection of legal interests of river basin ecosystems, expand the functional scope of the total-factor environmental laws, and establish an integrated approach to achieve the responsibility goals. In so doing, the features of river basin ecosystems and the time demands of the major river basin national strategies should be taken into account.