| 摘要: |
| 解释论视角下,污染环境罪中关于“违反国家规定”之表述并非行政从属性的正当性标志;实践论视角下,历年环境行政执法与刑事司法案件数量的严重失衡更加印证赋予污染环境罪行政从属性的非合理性;法益论视角下,污染环境罪对生态环境法益的保护化倾向,使行政从属性从根源上得以破除。事实上,独立性才是未来污染环境罪定位的应然转向,而这一独立性的具体实现可以从明确生态环境法益在环境刑法中的地位、量化污染环境罪罪状构成的司法判断标准和制定公安机关直接介入环境污染案件的操作程序三个方面展开。 |
| 关键词: 污染环境罪 行政从属性 生态环境法益 独立性 定量化 |
| DOI：10.13216/j.cnki.upcjess.2020.02.0003 |
| 分类号: |
| 基金项目: |
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| Questioning, Eliminating and Turning:Reflections on the Nature of Subjecting to Administrative Law for the Crime of Environmental Pollution |
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WANG Yutong
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(Civil, Commercial and Economic Law School, China University of Political Science and Law, Beijing 100089, China)
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| Abstract: |
| From the perspective of interpretation theory, the expression of "violation of national regulations" in the crime of environmental pollution is not a legitimate sign of the nature of subjecting to administrative law.From the perspective of practice theory, the serious imbalance between the number of environmental administrative law enforcement and criminal justice cases over the years has further confirmed the irrationality of the nature of subjecting to administrative law for the crime of environmental pollution. From the perspective of legal interest theory, the tendency of the crime of environmental pollution to protect the environmental law interest has completely eliminated the nature of subjecting to administrative law.In fact, independence is the proper turning of the legal attribute of the crime of environmental pollution. The realization of this attribute should be based on the affirmation of the interest of environmental law by the environmental criminal law, as well as the establishment of the operational procedures for the public security organs to directly participate in environmental pollution cases, and the judicial judgment criteria for quantifying environmental pollution crimes. |
| Key words: crime of environmental pollution nature of subjecting to administrative law environmental legal interest independence quantitative |
