论刑法第338条的立法缺陷及完善

新刑法自实施至今已有7年光景,但实践中将严重污染环境行为作为犯罪追究的情况却非常少见,我国的环境污染问题依然十分突出.究其原因,刑法第338条的立法缺陷不容回避.刑法第338条应修改补充为两款,对两种不同罪过形式的行为在罪名和量刑上加以区分,以充分体现刑法罪刑相适应原则的要求,更好地保护人类赖以生存的自然环境.

A Flaw in Article 338 of the PRC Criminal Law and Its Improvement

Though it is over seven years since the 1997 PRC Criminal Law came into effect, the issue of environment pollution in China is still serious as the illegal act of serious environment pollution as a crime has been seldom looked into in reality. The reason is that there is a flaw in Article 338 of our Criminal Law, which, in the author's opinion, should be revised and supplemented into two articles to distinguish two different crimes in naming and sentencing, so that the principle of suiting punishment to crime can be well embodied and the natural environment, on which man lives, can be better protected.