On the Realization of Environmental Criminal Responsibility under the Vision of Ecological Environmental Code
The environmental criminal legislation of China has undergone the historical change from decentralized legislation to unified legislation,and the idea of restorative justice has been thoroughly carried out in the practice of environmental criminal justice.There is a dispute between the theory of single code and the theory of decentralized legislation in environmental criminal legislation mode because of the antinomy between codification and de-codification,which must be approached from the functionalist way.Based on the consideration of external efficacy and internal function,environmental criminal legislation should continue the unified criminal code model in general,but it is improper to stipulate ecological restoration responsibility in the criminal code.As ecological restoration responsibility is a unique form of environmental law responsibility,ecological restoration responsibility should be stipulated in the criminal responsibility transfer clause of the eco-environmental code and the nature of the criminal responsibility system should be defined as non-penalization measures to adapt to the development of environmental criminal justice.
万方数据
维普
