基层煤炭环境问题刑事治理现状与对策——以山西省为例

Current Situation and Countermeasures of Criminal Governance of the Grassroots Coal Environmental Problems——Taking Shanxi Province as an Example

我国基层煤炭环境问题刑事治理存在不足之处,亟待调整。以山西省为例:入罪视角下,实践中罪数问题的处理不够恰当,处于犯罪链条“边缘”的环境监管失职罪面临虚置风险;量刑视角下,社会危害性及可谴责性相当的罪名之间存在横向刑罚配比不均的情形,纵向链条上的事前预防与事后恢复措施亦不够完善;此外,省内针对性的刑事治理强度显现出地域偏差,环境犯罪治理的行刑衔接问题可能存在阻力。有鉴于此,司法机关应首先确保罪数理论的合理运用,避免责任定位与罪名选择上的疏漏;其次,应强化对于污染、监管类犯罪的处罚力度,引入恢复性司法措施弥合生态法益;最后,应积极寻求多方主体的联合共治、疏通行刑衔接路线,推动基层煤炭环境问题的全域治理。

There are deficiencies in the current situation of criminal governance of coal environmental problems at the grassroots level in China,which needs to be adjusted urgently.Taking Shanxi Province as an example:from the perspective of criminalization,the problem of quantity of crime in practice is not properly handled,and the crime of environmental supervision dereliction of duty,which is on the edge of the criminal chain,faces the risk of being ignored;from the perspective of sentencing,there exists uneven horizontal penalty ratio of social harmful crimes to equivalent reprehensible crimes,and the preventive and the restorative measures along the vertical chain are also not perfect.In addition,the strength of targeted criminal governance in the province shows regional disparities,and there may be resistance to the connection of administrative and criminal penalties.In view of this,the judicial authorities should first ensure that the quantity of crime theory is applied rationally to avoid the omission in the orientation of responsibility and the selection of charges.Secondly,the punishment for pollution crimes and crimes related with supervision should be strengthened,and restorative judicial measures should be introduced to make up for the ecological legal interests.Finally,it is necessary to actively seek the joint governance of multiple stakeholders and unblock connection route between administrative and criminal penalties,thereby promoting region-wide governance of grassroots coal-related environmental problems.