中国石油大学学报（社会科学版）2024，Vol.40Issue(1)：36-44,9.DOI:10.13216/j.cnki.upcjess.2024.01.0005
碳达峰碳中和视域下气候刑法的理论因应
The Theoretical Response of Climate Criminal Law from the Perspective of Carbon Peaking and Neutrality
摘要
Abstract
Climate criminal law is a new field of climate rule of law under the background of risk society,and it contributes to the a-chievement of carbon peak and carbon neutrality.The legal interests of climate criminal law are the dialectical unity of ecological legal interests and human legal interests,the core of which is climate legal interests.Climate crime on narrow sense refers to the serious ex-cessive carbon emission behavior has social harm and should be punished through criminal penalty.Climate crime is a type of accumu-lative offense which belongs to abstract dangerous offense,and administrative subordination is necessary.Scientific uncertainty causes the difficulties of attribution of climate crime,which can be solved by referring to the framework of objective imputation theory.In terms of responsibility,climate crime can only be constituted by specific types of subject in the form of indirect intent.Climate crime legisla-tion should be promoted in the mode of minor crime and minor punishment.The legal consequences of climate crime should be the most conducive to ecological restoration under the premise of minor penalty,including fine,increasing natural carbon sink and subscribe car-bon sink.At the judicial level,it is suggested that climate criminal procedure apply non-prosecution in criminal compliance system to prevent climate risk and achieve sustainable development.关键词
碳达峰碳中和/气候犯罪/气候刑法/刑事立法Key words
Carbon peaking and neutrality/Climate crime/Climate criminal law/Criminal legislation分类
社会科学引用本文复制引用
冯瀚元,于文轩..碳达峰碳中和视域下气候刑法的理论因应[J].中国石油大学学报（社会科学版）,2024,40(1):36-44,9.基金项目
司法部2019年度国家法治与法学理论研究重点项目(19SFB1010) （19SFB1010）
