环境行政公益诉讼行政刑事责任竞合困境与出路——以林业环境公益诉讼为视角

The Predicament and Outlet of the Concurrence of Administrative Criminal Liability in Environmental Administrative Public Interest Litigation——From the Perspective of Forestry Environmental Public Interest Litigation

环境公益诉讼在行政刑事责任竞合的传统议题下存在移送比率低、竞合情形复杂;处罚违反比例原则且无法落实等新困境。通过对林业环境公益诉讼责任竞合案件的分析,提出解决方案:首先,提高移送法律位阶,打通责任竞合通道。其次,明确移送前后行政处罚权归属。最后,完善审判路径,原则上不同质双重罚,同时点评先刑后罚不重复处罚的例外。

Under the traditional issue of concurrence of execution responsibilities,environmental public interest litigation has new difficulties,such as low transfer rate,complex concurrence,punishment violating the principle of proportionality and being unable to implement.Through the analysis of environmental forestry public interest litigation liability concurrence cases,put forward the solution.First of all,improve the legal rank of transfer,open up the channel of liability concurrence;Secondly,clear transfer before and after the ownership of administrative punishment power;Finally,improve the trial path,in principle,in principle,there are different types of double penalties,and exceptions of not repeating punishment after punishment.