生态化视域下非法采砂刑法规制的反思与完善

Rethinking and Improving the Criminal Law System of Illegal Sand Mining in the Ecological Perspective

非法采砂严重破坏了水资源、矿产资源等生态环境。2016年最高人民法院、最高人民检察院联合出台的《关于办理非法采矿、破坏性采矿刑事案件适用法律若干问题的解释》明确规定,将非法采砂以非法采矿罪定罪处罚。然而,司法解释的规定与刑法对非法采矿罪保护的法益、犯罪行为要件和刑罚的要求不相符,将非法采砂行为纳入非法采矿罪,有悖于罪刑法定原则。针对这种情况,应当重新审视砂石资源保护的背后层法益,增设非法采砂罪,完善砂石资源犯罪的刑罚,以期更好地保护砂石资源。

Illegal sand mining has seriously damaged ecological environment such as water resources,mineral resources.The Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Illegal and Destructive Mining jointly issued by the Supreme People's Court and the Supreme People's Procuratorate in 2016 clearly stipulates that illegal sand mining will be criminalized and punished as illegal mining crimes.However,the provisions of the judicial interpretation do not match the requirements of the criminal law on the legal interests protected by the crime of illegal mining,the elements of criminal behavior and the penalties,and the inclusion of illegal sand mining into the crime of illegal mining is contrary to the principle of statutory crime and punishment.In response to this situation,the legal interests behind the protection of sand and gravel resources should be re-examined,the crime of illegal sand mining should be added,and the penalties for sand and gravel resource crimes should be improved,with a view to better protecting sand and gravel resources.