中国人口·资源与环境2025，Vol.35Issue(8)：9-17,9.DOI:10.12062/cpre.20250701
生态环境法典编纂中统一型环境刑事立法模式之证成
Justification of the unitary environmental criminal legislation model in the compila-tion of the Ecological and Environmental Code
摘要
Abstract
The Ecological and Environmental Code(Draft)has been publicly soliciting opinions,and one key issue that has attracted considerable academic attention is how this code deals with its relationship with other codes,especially the Criminal Law and its subor-dinate legislation.In essence,the primary consideration determining the relationship between the Ecological and Environmental Code and the Criminal Code is the choice of environmental criminal legislation model.Different environmental criminal legislation models de-termine the differences in the legislative techniques and connection mechanisms they employ.In terms of practical forms,four environ-mental criminal legislation models with distinct characteristics have been explored by various countries in their long-term legislative and judicial activities.For the purpose of distinction,this study categorizes them into policy-type,decentralized-type,diversified-type,and unified-type.The study shows that:① The policy-type model primarily maintains the connection between the Ecological and Envi-ronmental Code and the Criminal Code through environmental criminal policies.② The decentralized-type model primarily presents the different value claims of the Ecological and Environmental Code and the Criminal Code through a standalone environmental crimi-nal law or subordinate environmental criminal law.③ The diversified-type model,essentially inheriting the decentralized-type model,incorporates the role of the Criminal Code.It typifies different connection requirements between the Ecological and Environmental Code and the Criminal Code through the combined effect of the Criminal Code,standalone environmental criminal law,and subordinate envi-ronmental criminal law.④ The unified-type model mainly secures environmental criminal legal interests through the Criminal Code,with technical guiding clauses primarily connecting the Ecological and Environmental Code and the Criminal Code.Thus,different envi-ronmental criminal legislation models have different requirements for the structure and content of environmental criminal legal norms in the Ecological and Environmental Code.By examining the adaptability of different models,this study concludes that:① The policy-type and decentralized-type models are not qualified as forms of the environmental criminal legislation model in the compilation of the Ecological and Environmental Code due to their inherent limitations.The former represents the transition from the period of immature legislation,while the latter has been rendered obsolete by legislative practice.② The diversified-type and the unified-type models have become two viable paths in the compilation of the Ecological and Environmental Code based on their respective advantages.A compara-tive analysis of the two models shows that since the promulgation of the Criminal Law of the People's Republic of China in 1997,each amendment has refined the protection norms of environmental legal interests within the Criminal Code itself,without enacting stand-alone or subordinate environmental criminal laws.Finally,the study concludes that the unified-type model not only conforms to China's legislative tradition of environmental legal interest protection but also meets practical environmental legal interest protection needs,and should become the preferred environmental criminal legislation model in the era of codification.The codified expression of this model should focus on the coordination between the design of the inducement clause in the Ecological and Environmental Code and the con-tent of environmental legal interest protection in the Criminal Code,so as to effectively establish a systemic connection mechanism for environmental legal interest protection between the two codes.关键词
生态环境法典/环境刑事立法模式/环境法益/适配性Key words
Ecological and Environmental Code/environmental criminal legislation model/environmental legal interest/adaptability分类
社会科学引用本文复制引用
邓海峰,李小强..生态环境法典编纂中统一型环境刑事立法模式之证成[J].中国人口·资源与环境,2025,35(8):9-17,9.基金项目
教育部哲学社会科学研究重大课题攻关项目"实现联合国可持续发展目标的国家治理体系研究"(批准号:23ZD042) （批准号:23ZD042）
2024年甘肃省高校教师创新基金项目"自然资源损害赔偿法律救济机制研究"(批准号:2024A-097) （批准号:2024A-097）
甘肃政法大学校级专项课题"环境法法典化的重大理论问题研究"(批准号:GZF2023XZX07). （批准号:GZF2023XZX07）
