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环境执法中的以罚代刑现象指的是,环境行政机关将本该已送至司法机关的涉嫌犯罪的案件予以行政处罚,其不仅削弱了对环境犯罪的打击力度,而且降低了刑事法律的威慑力。以罚代刑现象的出现绝非偶然,也非单一因素所导致,其有着深刻的制度层面的根源。因此,要想规制这一现象,也必须从理念和制度两个层面去入手才能将这一难题极尽克服。
The phenomenon of punishment and proxemits in environmental law enforcement means that the administrative organ of the environment will impose administrative punishment on the suspected crimes that have been sent to the judicial organs, which not only weakens the crackdown on environmental crime but also reduces the criminal law Deterrence. The appearance of the phenomenon of fining and substituting death penalty is not accidental nor result from a single factor, and it has profound root causes at the institutional level. Therefore, in order to regulate this phenomenon, we must also proceed from both the concept and the system to overcome this difficult problem.