The Limitation of Administrative Determination of Environmental Crimes in the Age of Statutory Offenses

法定犯时代下环境犯罪行政化判定的限缩研究

Under the risk society, the advent of the era of statutory offenses has prompted the determination process of environmental crimes to be increasingly characterized by administrative tendency, resulting in the mechanized and unitary reliance on the previous blank crimes and the identification standards of the administrative organs for attribution, as well as the ambiguity of the definition of the criminal legislation and formal judicial inertia in the attribution of responsibility in the linkage between the execution of the sentence.Under the ecological anthropocentric view of legal interests, environmental administrative violations and environmental criminal offenses are fundamentally different, and the administrative subordination of environmental criminal law should be weakened and relatively detached from it, and it is necessary to insist on the independence of environmental criminal law, define the premise of the reference relationship between the environmental administrative law and the criminal law, differentiate between the substantive legal interests infringed by the behavior, and examine the elements of the responsibility of the perpetrator individually for the actual lack of the administrative law, and cut off the administrative law that violates the order, and assist in the construction of the environmental field of specialties.The administrative linkage of pure order violation is cut off, and the consulting and multiple supervision mechanisms of expert auxiliaries in the field of environment are constructed with a view to effectively regulating the reliance on the administrative predetermination standard of environmental crimes.

法定犯时代的降临促使环境犯罪的判定流程日益呈现行政化倾向的特征，衍生出归因上对前置空白罪状和行政机关鉴定标准的机械化单一化依赖，以及在行刑衔接归责中刑事立法界定的模糊性和形式上的司法惯性。生态学人类中心主义法益观下的环境行政违法与环境刑事犯罪具有本质区别，环境刑法的行政从属性应不断弱化并相对脱离，须坚持环境刑法的独立性判断，界定环境行政法对刑法的参考关系前提，切断纯粹秩序违反的行政关联。