重庆理工大学学报2025，Vol.39Issue(4)：194-203,10.DOI:10.3969/j.issn.1674-8425(s).2025.02.013
生态环境损害刑民交叉案件的司法处理与路径优化
Judicial handling and path optimization of criminal and civil cross cases of ecological and environmental damage:From the perspective of the principle of unity of law and order
摘要
Abstract
For a long time,the criminal and civil cross cases have been a difficult problem in judicial trial.There are three modes of judicial treatment for the criminal and civil cross cases of ecological and environmental damage:criminal-case-first and civil-case-second treatment,the integration of criminal-case and civil-case treatment,and civil-case-first and criminal-case-second treatment.There are shortcomings in all the three modes of judicial treatment.criminal-case-first and civil-case-second treatment can not take into account the problems of the previous conviction,civil priority compensation,etc.,the integration of criminal-case and civil-case treatment makes the civil procedure subject to improper interference in the criminal procedure,and civil-case-first and criminal-case-second treatment can not respond to the difference in the recognition of facts by the criminal and civil.In essence,the obstacles to the judicial treatment of criminal and civil cross-cases of ecological and environmental damage are derived from the separation of criminal laws and civil laws in theory and practice.The principle of the unity of law and order can make criminal laws and civil laws return to the unity of legal order.The principle of the unity of legal order as the theoretical basis can put forward a new judicial treatment model for criminal and civil cross cases of ecological environmental damage.This new model is embodied in the flexible adoption of the criminal and civil trial sequence and the flexible coordination of criminal and civil procedural matters on the premise of achieving the goals of the system.关键词
刑民交叉/生态环境损害/法秩序统一性/协同/公益诉讼Key words
criminal and civil/ecological and environmental damage/unity of law and order/synergy/public interest litigation分类
社会科学引用本文复制引用
黄昊,李佩霖..生态环境损害刑民交叉案件的司法处理与路径优化[J].重庆理工大学学报,2025,39(4):194-203,10.基金项目
国家社会科学基金重点项目"陆海统筹生态环境治理法律制度研究"(21A2D062) （21A2D062）
