滥伐林木罪理论与实践的困境及出路——以Z市两级法院365份生效判决为分析样本

The Dilemma and Way Out of the Theory and Practice of the Crime of Deforestation: Taking 365 Effective Judgments of Two Level Courts in Z City as an Example

当代中国社会已进入"环境时代"或"生态文明时代",而保护被誉为"地球之肺"的森林资源是建设美丽中国的应有之义。《中华人民共和国刑法》虽已将滥伐林木入罪,但该罪在司法实践中仍存在一些困境:如主体泛化、罚金失当、部门监管混乱等。针对这些问题提出相应的对策及出路,以期对司法实践有所裨益。

The contemporary Chinese society has entered the 'environmental age' or 'the age of ecological civilization'. The protection of forest resources known as 'the lung of the earth' is the proper meaning of building a beautiful China. Although the 'Criminal Law of the People’s Republic of China' has criminalized deforestation, there are still some dilemmas in judicial practice, such as the generalization of the subject, a misdemeanour in fines, confusion in the supervision of the department, etc. In view of these problems, the corresponding countermeasures and solutions are put forward in order to benefit the judicial practice.