On the Gradual Change and Disengagement of Administrative Subsidiarity in Environmental Criminal Law
The controversy over whether environmental criminal law is administratively subordinate is related to the value positioning and function realization of environmental criminal law,and its resolution is a due responsibility for the theoretical development of environmental criminal law.From a practical point of view,environmental crimes are regarded as statutory crimes.But even if it is a legal offense,administrative subordination cannot be generalized,the illegality of each sectoral law is relative,environ-mental criminal law is not absolutely subordinate to the environmental administrative law.Overview of the development of envi-ronmental criminal law benefit concept trajectory,ecological interests have an important value,environmental criminal law of absolute administrative subordination is not in line with the ecological anthropocentric benefit concept,environmental adminis-trative intervention and environmental criminal intervention has the essential difference.From the contingent level,the bounda-ries between natural and legal offenses will change in social life.With the development of ecological civilization,environmental crimes show a development towards the natural offender direction.In this process,the administrative subordination of environ-mental criminal law has been weakening or even completely detached.Maintaining the independence of environmental criminal law can maximize the ultimate goal of protecting the overall ecological and environmental legal benefits.
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