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对重大环境污染事故进行刑法调控,不仅是人类法治意识提高的表现,更是为了自身生存和可持续发展所采取的一种必然手段。我国自1979年首次将“破坏自然资源保护罪”纳入刑法调整范围后,立法便一直关注对环境污染的刑事调控,特别是近年来频繁发生了一系列重大环境污染事故,使得过度、过限发展与人们生存权之间的矛盾日益突出,立法和司法界开始对重大环境污染事故刑法调控进行重新思考和探索。刑法修正案(八)的出台,对重大环境污染事故罪进行了重新界定,通过扩展适用范围、降低入罪门槛的方式,极大地增强了《刑法》对环境污染案件的威慑力。
The regulation and control of criminal law on major environmental pollution accidents is not only the manifestation of improving the awareness of the rule of law in mankind, but also an inevitable means for its own survival and sustainable development. Since 1979, for the first time, China has included “crimes of detriment to the protection of natural resources” into the scope of criminal law adjustment. The legislation has always been concerned about the criminal control over environmental pollution. In particular, a series of major environmental pollution accidents have frequently occurred in recent years, making excessive and excessive The contradiction between limited development and people’s right to subsistence has become increasingly prominent. Legislation and judicial circles have begun to reconsider and explore the regulation and control of criminal law on major environmental pollution accidents. The introduction of the Criminal Law Amendment (VIII) has redefined the crime of major environmental pollution incidents and has greatly enhanced the deterrence of the “Criminal Law” on environmental pollution cases by expanding the scope of application and lowering the threshold for incriminating crime.