应然与实然的博弈——环境犯罪危险犯设立之必要性问题探讨

从1979年新中国首部刑法颁布到刑法修正案（八）的出台，我国刑法法制建设不断发展与完善。刑法颁布的这三十年同时也是我国经济建设日新月异的三十年。而伴随着经济的发展．环境问题已经成为我们必须面对的一项重大挑战，我国法律特别是刑法该如何来适应保护环境的需要是现今法学界必须面对的问题。从长远角度来看，设立环境犯罪的危险犯是人类发展的必然选择；而具体到我国的实际情况，就会发现现阶段设立危险犯的条件还远未成熟，暂时不应大量设立环境犯罪危险犯。

Game between Reality and Necessity

Since China first promulgated criminal law in 1979 till criminal law amendment （eighth） came on stage, the construction of legal system of criminal law has been in developing and improving. Chinese economy has also in changing rapidly in these thirty years. But with the development of economy, the environmental problem has become a major challenge which we must face to, especially how criminal law adapts to meet with the need of environment protection, nowadays, becomes the problem to the legal science field. From a long-term point of view, the establishment of environmental crime for the dangerous criminal is an inevitable choice in human development; and concerning to China actual situation, we will find that it is still far from mature at this stage to set up dangerous criminal and temporarily it is not good to set up much dangerous criminals of environmental crime.