我国水资源刑法保护现状及完善路径

当前,我国水资源污染严重,已对公民生命和身体健康构成潜在的巨大威胁。我国水资源刑法保护存在较大缺陷与困惑,可尝试通过制定司法解释、适用投放危险物质罪和颁布指导性案例等方式完善现有刑法规定,或者通过修改刑法路径寻求解决之道,具体涉及分设水资源犯罪、确立水资源犯罪的危险犯、规定水资源犯罪举证责任倒置原则、提高水资源犯罪法定刑和完善附加刑设置、加大水污染犯罪渎职行为惩处力度。

The Criminal Protection Situation of Water Resources and Its Improvement Path in China

Water pollution is serious in China at present,which has posed a great potential threat to the citizens' life and health.There are major deficiencies and puzzles in the criminal protection of water resources in China.This paper states that the existing criminal law should be improved by judicial interpretation,by application of the crime of throwing dangerous substance and by issuing guiding cases.It also explains that we'll seek a solution by amending the criminal law,which particularly involves in separating the crime of water resources,establishing dangerous crime of water resource crime,adopting the principle of rebuttal burden of proof,imposing the heavier penalty on the water resource crime,improving the additional punishment and aggravating the punishment for dereliction of duty on water pollution.