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随着我国经济和科技的飞速发展,环境污染问题已日趋严峻,传统的相当因果关系理论在解决我国污染类环境问题上存在较大的局限性。刑事处罚作为最严厉的制裁措施,倘若没有相应的因果关系推定理论加以支持,规制环境犯罪问题势必存在一定的困境。因此,本文在比较各种因果关系理论的基础上,试分析因果关系推定原则适用于我国刑事领域解决污染类环境犯罪问题的可行性。
With the rapid development of economy and technology in our country, the problem of environmental pollution has become more and more serious. The traditional theory of causation has great limitations in solving the problem of environmental pollution in our country. As the most severe sanctions, if criminal punishment is not supported by the corresponding causal inference theory, it is bound to have some difficulties in regulating environmental crime. Therefore, based on the comparison of various theories of causation, this article attempts to analyze the feasibility of applying the principle of causality to the criminal field in our country to solve the crime of pollution-like environment.