环境法典中环境污染行刑衔接路径的规范化构建

The Normative Construction of the Pathway between Administrative Execution and Criminal Justice of Environmental Pollution in the Environmental Code

法治实践中的环境污染行刑衔接不顺畅是影响环境污染治理效能的重要原因,反映出了立法层面的诸多疏失。实体层面,环境立法与刑事立法之间在法益保护、规范协调等方面难以契合、缺乏协同,可以通过环境法典编纂的契机促进环境刑法立法模式的转变予以解决;程序方面,现有立法对环境行政执法和刑事司法在移送承接规定和证据转化规则等衔接方面的供给不够,可以通过程序性衔接规范的确立提高生态环境法典的可实施性。在具体路径的规范建构上,由污染控制编规定环境污染行刑衔接的实体规范性,初步确立环境附属刑法的立法模式;由生态环境责任编通过明确案件移送条件和程序、健全案件证据转化规则等内容,完善环境行刑衔接的程序性规范。以规范化构建环境污染行刑衔接路径,回应生态环境领域执法和司法实践对生态环境法典的现实需求。

The poor connection between administrative execution and criminal justice of environmental pollution in legal practice is an important reason that affects the effectiveness of environmental pollution control,reflecting many deficiencies at the legislative level.At the physical aspects,the lack of synergy between environmental legislation and criminal legislation in terms of legal benefit protection and coordination of norms can be solved through the opportunity to promote the transformation of the legislative model of environmental criminal law through the codification of the Environment Code.At the procedural aspects,the existing legislation on environmental administrative execution and criminal justice in the transfer to provision so undertaking and evidence transformation rules is not enough to supply,it can be improved by the establishment of procedural convergence norms to better the enforceability of the Environmental Code.In terms of the specific path of normative construction,the Book Pollution Control provides the substantive norms for the connection between environmental pollution execution and criminal justice,and initially establishes the legislative model of environmental criminal law;the procedural norms of the connection between administrative execution and criminal justice are mainly provided for in the Book Ecological and Environmental Responsibility,including clarifying the conditions and procedures of case transfer and improving the rules of evidence transformation.To standardize the construction of the path of the connection between administrative execution and criminal justice of environmental pollution and to respond to the realistic needs of enforcement and judicial practice to the Environment Code.