我国环境犯罪的刑事立法完善
发布时间：2018-08-12 11:03
【摘要】：随着人类社会的发展,伴随着自然资源越来越多的被人类利用的同时,诸如水土流失,大气污染,物种减少、灭绝等口渐严重的环境的社会问题逐步浮出水而,这些严峻的问题对人类的发展提出挑战。近年来国内外已有大量学者专家开始对环境污染,白然资源等严重问题进行研究与讨论,并逐步通过完善环境犯罪以期达到对危害环境的犯罪分子惩处的目的,特别是一些国家的刑法已开始专章就环境犯罪问题进行规制。刑法作为最后一道屏障,必须有效的惩治环境犯罪行为。 目前我国刑法中虽然有关环境犯罪方面的规定,但其中所涉及的环境犯罪的罪名较少,特别是一些诸如非法处置进口的固体废物罪、重大环境污染事故罪、非法捕捞水产、非法猎捕等罪中只规定了对“人”的惩处以及赔偿,而却缺失对环境的损害恢复、治理。故我国环境犯罪仍然存在一定的不足,并不利于实现保护环境等自然资源的目的。此外,就目前司法实践中来看很多对环境犯罪问题的处罚重在事后惩处及对人的惩处而忽略了环境的发展问题,导致环境问题越演越烈,犯罪人因为经济上的利益会对环境破坏力度多越来越大,环境犯罪问题变得很被动,我们必须加大刑法的打击力度,转变观念,借鉴国外经验,则可以有效的减少对环境的破坏,并充分体现刑法的预防功能,安抚补偿功能及教育感化功能。 本文分文四个部分：第一部分对环境犯罪概况的介绍,包括环境犯罪的概念、特征和构成要件,以求更好的了解环境犯罪的相关内容；第二部分对国外的环境刑法立法考察,包括大陆法系的代表国家德国、口本、俄罗斯和英美法系的代表国家英国、美国。通过对国外环境刑法的考察分析,使我国在完善刑法方而得到启示和借鉴；第三部分着重分析了我国的环境刑法立法现状及存在问题。第四部分对第三部分多提出的环境犯罪立法理念落后,立法体系不完善,犯罪构成要件不合理,刑罚处罚偏轻,制裁手段单一等问题进行完善。对已经发生的破坏环境的行为,惩治环境犯罪并不是最终的目的,能够及时的修复和治理环境并作出提早的预防,进而保护好我们的生态环境才是终极目标。
[Abstract]:With the development of human society, with the increasing use of natural resources, such as soil and water loss, air pollution, species loss, extinction and other environmental social problems gradually emerged. These serious problems challenge the development of mankind. In recent years, a large number of scholars and experts at home and abroad have begun to study and discuss serious problems such as environmental pollution and natural resources, and gradually improve environmental crimes in order to punish those who harm the environment. In particular, the criminal law of some countries has begun a special chapter on environmental crime regulation. As the last barrier, criminal law must punish environmental crime effectively. At present, although the criminal law of our country provides for environmental crimes, there are fewer crimes involving environmental crimes, especially some crimes such as the illegal disposal of imported solid wastes, the crime of major environmental pollution accidents, and the illegal fishing of aquatic products. In the crime of illegal hunting and catching, only the punishment and compensation of "human" are stipulated, but the damage to the environment is not recovered and remedied. Therefore, there are still some deficiencies in environmental crime in China, which is not conducive to the realization of the purpose of protecting the environment and other natural resources. In addition, as far as the current judicial practice is concerned, many penalties for environmental crimes focus on punishment after the event and punishment of people, while ignoring the development of the environment, which leads to more and more serious environmental problems. Because the economic interests of the criminals will cause more and more damage to the environment, the environmental crime problem becomes very passive. We must step up the crackdown of the criminal law, change our concepts, and learn from the experience of foreign countries. It can effectively reduce the damage to the environment, and fully reflect the prevention function of criminal law, appease the function of compensation and education. This paper is divided into four parts: the first part introduces the general situation of environmental crime, including the concept, characteristics and constitutive elements of environmental crime, in order to better understand the relevant content of environmental crime; the second part of the foreign environmental criminal law legislation investigation, It includes the representative countries of the civil law system, Germany, Japan, Russia and the common law system, the United Kingdom and the United States. Through the investigation and analysis of the foreign environmental criminal law, we can get enlightenment and reference in perfecting the criminal law. The third part focuses on the analysis of the current situation and existing problems of the environmental criminal law legislation in our country. The fourth part of the third part of the more advanced environmental crime legislation concept is backward, the legislative system is not perfect, the elements of crime is unreasonable, punishment is light, sanctions are single and so on. To punish the environmental crime is not the ultimate goal to destroy the environment. It is the ultimate goal to repair and control the environment in time and make early prevention, and then to protect our ecological environment well.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D924.3
本文编号：2178855
[Abstract]:With the development of human society, with the increasing use of natural resources, such as soil and water loss, air pollution, species loss, extinction and other environmental social problems gradually emerged. These serious problems challenge the development of mankind. In recent years, a large number of scholars and experts at home and abroad have begun to study and discuss serious problems such as environmental pollution and natural resources, and gradually improve environmental crimes in order to punish those who harm the environment. In particular, the criminal law of some countries has begun a special chapter on environmental crime regulation. As the last barrier, criminal law must punish environmental crime effectively. At present, although the criminal law of our country provides for environmental crimes, there are fewer crimes involving environmental crimes, especially some crimes such as the illegal disposal of imported solid wastes, the crime of major environmental pollution accidents, and the illegal fishing of aquatic products. In the crime of illegal hunting and catching, only the punishment and compensation of "human" are stipulated, but the damage to the environment is not recovered and remedied. Therefore, there are still some deficiencies in environmental crime in China, which is not conducive to the realization of the purpose of protecting the environment and other natural resources. In addition, as far as the current judicial practice is concerned, many penalties for environmental crimes focus on punishment after the event and punishment of people, while ignoring the development of the environment, which leads to more and more serious environmental problems. Because the economic interests of the criminals will cause more and more damage to the environment, the environmental crime problem becomes very passive. We must step up the crackdown of the criminal law, change our concepts, and learn from the experience of foreign countries. It can effectively reduce the damage to the environment, and fully reflect the prevention function of criminal law, appease the function of compensation and education. This paper is divided into four parts: the first part introduces the general situation of environmental crime, including the concept, characteristics and constitutive elements of environmental crime, in order to better understand the relevant content of environmental crime; the second part of the foreign environmental criminal law legislation investigation, It includes the representative countries of the civil law system, Germany, Japan, Russia and the common law system, the United Kingdom and the United States. Through the investigation and analysis of the foreign environmental criminal law, we can get enlightenment and reference in perfecting the criminal law. The third part focuses on the analysis of the current situation and existing problems of the environmental criminal law legislation in our country. The fourth part of the third part of the more advanced environmental crime legislation concept is backward, the legislative system is not perfect, the elements of crime is unreasonable, punishment is light, sanctions are single and so on. To punish the environmental crime is not the ultimate goal to destroy the environment. It is the ultimate goal to repair and control the environment in time and make early prevention, and then to protect our ecological environment well.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D924.3
【参考文献】
相关期刊论文 前1条
1 王世洲;德国环境刑法中污染概念的研究[J];比较法研究;2001年02期
，本文编号：2178855
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