JIANG Qian,LI Chunlei.Research on the Appropriateness of Environmental Criminal Penalty Laws and Regulations under the Background of “Criminal Law Amendment (Eleven)”[J].Chinese Journal of Environmental Management,2023,15(6):132-139.
|Research on the Appropriateness of Environmental Criminal Penalty Laws and Regulations under the Background of “Criminal Law Amendment (Eleven)”
|中文关键词: 环境犯罪 刑罚适用 实证研究 刑罚观念 法规适正
|英文关键词:environmental crime penalty application empirical research concept of penalty appropriateness of laws and regulations
| The revision of the Criminal Law Amendment (Eleven) shows the transformation of criminal legislation into preventionism and the implementation of the concept of heavy punishment. While responding to the demands of risk society, there are objective antinomies in the aspects of legislative values, criminal views and penalty views, which have triggered a heated debate on the boundary of penalty intervention in academia. Based on 648 judgement documents of environmental pollution crimes, regression analysis was used to empirically analyze the internal mechanism of multiple judgement results and influencing factors of environmental pollution crimes, including fixed-term imprisonment, criminal detention and probation. The results of the study showed that the application of penalty for environmental pollution crimes is characterized by overall leniency of penalty intensity, confusion of monetary environmental responsibility order, and weak effect of environmental restoration as a guideline for sentencing circumstances. The empirical investigation showed that the above problems need to determine the basic principle of taking liability punishment as the main, and special prevention as the auxiliary. In terms of penalty allocation, the structure of free penalty is adjusted, the basic principle of restoration priority is determined for monetary environmental liability, and the orientation of fine penalty is reconstructed to ensure the standardized application of ecological restoration, so as to realize the proper allocation of penalty to penalty application, so as to achieve the dual purposes of crime control and ecological restoration, and form an environmental crime penalty governance system with Chinese characteristics.
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