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我国的环境立法虽然起步较晚,却在短短二三十年间取得了丰硕的成果。环境刑法作为这些立法成果中的重要组成部分,也取得了重大进展。但我国的环境刑法在遏制环境犯罪与保护环境资源方面并未发挥应有的作用。这其中一个重要原因就在于环境刑事立法的理念不符合当代环境保护的价值需求。立法理念在立法过程中起着重要的导向性作用,若无恰当的立法理念作为指导,就无法体现出现代社会保护环境的价值取向,也无法体现现代刑事立法的价值追求。因此,确定什么样的环境犯罪立法理念,影响着我国环境犯罪立法的科学性、实用性、有效性和协调性。
Although China’s environmental legislation started late, it has achieved fruitful results in just two or three decades. As an important part of these legislative achievements, environmental criminal law has also made significant progress. However, environmental criminal law in our country has not played its due role in curbing environmental crime and protecting environmental resources. One of the important reasons for this is that the concept of environmental criminal legislation does not meet the value needs of contemporary environmental protection. The concept of legislation plays an important guiding role in the process of legislation. Without the proper legislative concept as a guide, the value orientation of modern society’s protection of the environment can not be reflected and the value pursuit of modern criminal legislation can not be reflected. Therefore, to determine what kind of environmental crime legislation concept affects the scientific, practical, effectiveness and coordination of environmental crime legislation in our country.