土壤污染司法审判实证探析——以162份裁判文书为样本分析
|
摘要
通过对土壤污染环境案件实证研究发现:当前我国土壤污染现象普遍存在,耕地污染需要着重治理;案件所涉当事人农民居多、受教育程度较低;土壤污染刑事案件判罚较为轻缓;地方政府对环境监管不到位;案件的上诉率较高,继而对提升环境审判质量提出了要求。为保护公众的环境权益、促进土壤生态环境可持续发展,就此提出加强对农耕土地的治理、探索环境污染强制保险责任制度、规范地方政府环境监管体制、设立土壤污染罪名的建议。
The demonstration studies of environmental cases in soil pollution have been found that the phenomenons of soil pollution in China were universal,especially for cultivated land which needs to be stressed regulated. In addition,promoting the environmental trial quality was essential and urgent due to most of the farmers involved having poorly educated level,low penalty of criminal case in soil pollution,less environment supervision by local governments and higher case appeal rate. In order to protect the environmental rights and interests of the public and promote the sustainable development of the soil ecological environment,it was proposed that several suggestions which include strengthening the management of agricultural land,exploring the system of constraint insurance liability for environmental pollution,regularizing the environmental supervision system of local governments and establishing the crime name of soil pollution.
The demonstration studies of environmental cases in soil pollution have been found that the phenomenons of soil pollution in China were universal,especially for cultivated land which needs to be stressed regulated. In addition,promoting the environmental trial quality was essential and urgent due to most of the farmers involved having poorly educated level,low penalty of criminal case in soil pollution,less environment supervision by local governments and higher case appeal rate. In order to protect the environmental rights and interests of the public and promote the sustainable development of the soil ecological environment,it was proposed that several suggestions which include strengthening the management of agricultural land,exploring the system of constraint insurance liability for environmental pollution,regularizing the environmental supervision system of local governments and establishing the crime name of soil pollution.
引文
[1] 陈亮.环境公益诉讼“零受案率”之反思[J].法学,2013(7):129-135.
[2]刘爱良.土壤污染治理的主要问题与立法途径[J].绿叶,2017(9):31-39.
[3]王伟.缓刑制度的实践与思考[J].河北法学,2006,24(7):108-114.
[4]竺效.论我国环境污染责任保险单行法的构建[J].现代法学,2015,37(3):115-122.
[5]蒋兰香.环境犯罪基本理论研究[M].北京:知识产权出版社,2008.
[2]刘爱良.土壤污染治理的主要问题与立法途径[J].绿叶,2017(9):31-39.
[3]王伟.缓刑制度的实践与思考[J].河北法学,2006,24(7):108-114.
[4]竺效.论我国环境污染责任保险单行法的构建[J].现代法学,2015,37(3):115-122.
[5]蒋兰香.环境犯罪基本理论研究[M].北京:知识产权出版社,2008.