全面禁捕后巢湖生态环境刑事司法保护之检视与完善--以适用生态修复措施为视角

Review and Improvement of Criminal Justice Protection of the Ecological Environment of the Chaohu Lake after the Complete Ban on Fishing:From the Perspective of Applying Ecological Restoration Measures

自巢湖十年禁捕之后,法院对行为人适用非法捕捞水产品罪,这就为巢湖生态环境提供了刑事司法保护。可就该刑事司法保护而言,因法官对非法捕捞水产品罪的规范保护目的认识不足、生态修复措施与刑事制裁的关系尚未厘清、刑事责任的范围不明、生态修复措施的适用范围未被明确等原因致使生态修复措施在巢湖生态环境的刑事司法保护中未被适用,从而导致对巢湖的生态环境之刑事司法保护力度不够。因此,在对巢湖的刑事司法保护过程中,不断增强生态修复措施的适用乃妥善之举。

Since the ten-year ban on fishing in Chaohu Lake,the court applies the crime of illegal fishing of aquatic products to the perpetrators,which provides the criminal justice protection for the ecological environment of Chaohu Lake.However,as far as the criminal justice protection is concerned,due to the facts that the judges have not sufficiently understood the protection purpose of the crime of illegal fishing of aquatic products,the relationship between ecological restoration measures and criminal punishment has not been clarified,the scope of criminal responsibility is unclear,and the scope of application of ecological restoration measures is not clear,the ecological restoration measures have not been applied in the criminal justice protection of the ecological environment of the Chaohu Lake,resulting in insufficient criminal justice protection.Therefore,in the process of criminal justice protection of the Chaohu Lake,it is appropriate to continuously enhance the application of ecological restoration measures.