滥伐林木行为承担法律责任的现状及其缺陷分析

对滥伐林木行为追究刑事责任时存在因法律规定不协调而导致行为人规避法律,量刑偏低,罚金畸轻的缺陷;对滥伐林木行为追究行政责任时存在行政处罚的执法阻力较大,征收罚款的理论依据不足的缺陷。加之用罚金或罚款代替民事赔偿、罚金和罚款的管理使用未考虑生态保护因素等缺陷,致使无法有效遏制滥伐林木行为。有必要重新界定民事责任与行政责任、刑事责任的界线,重新设计有效率的民事责任制度。

The Present Structure of Liabilities for Wanton Timber Cutting and Its Defects

While investigating wanton timber cutting offences, people may find the following distressing issues. Suspects may circumvent their punishments because of loopholes in inconsistent laws. Some penalties may be too light or the fine too small. In pursuing administrative liabilities for wanton timber cutting, people may find other problems: resistance to administrative punishments or lack of adequate provisions for imposition of a fine. In addition, practice of substituting fines for damages and management and application of fines without considering ecological protection bring about the effect that wanton cutting cannot be restrained effectively. Therefore, it is necessary to re - delineate civil liability, administrative liability and criminal liability, and to restructure an efficient civil liability regime.