生态环境损害法律责任追究实证研究——以湖南十大案件为素材  

On Empirical Research for Law Accountability of Eco-Environmental Damage—As for the Material of Top 10 Cases in Hunan

作　　者：雷津宁 蒋兰香[2] 

机构地区：[1]中南大学法学院,湖南长沙410083 [2]中南林业科技大学法学院,湖南长沙410004

出　　处：《时代法学》2017年第2期56-63,共8页Presentday Law Science

基　　金：国家社科基金资助项目"环境行政执法中刑案移送与司法承接的衔接机制研究"(16BFX144);湖南省社科基金资助项目"生态环境犯罪刑事责任追究制度创新研究"(15YBA404);湖南省教育厅科学研究资助项目"生态环境损害责任追究实证研究"(15A199)研究成果之一

摘　　要：湖南各级地方政府及司法机关对生态环境损害案件处理非常严厉。但在案件处理过程中也暴露出了某些地方政府发展理念落后,企业违规、违法现象较为普遍,环保部门有失职渎职现象,一些地方官员出于维护社会稳定和经济发展的考虑,没有在受害人维权方面给予必要的支持,民间维权的力量较弱,而公益诉讼存在缺位等问题。责任追究中,环保机关通常给污染肇事企业开的罚单少,行政问责没有涵盖全部案件,民事赔偿、补偿不足,给环境带来污染的企业没有履行生态修复的职责与义务,刑事处罚也过轻。要解决上述问题,必须落实"绿色发展"理念,强化环境保护法定主体责任,建立联动处理机制,创新环境司法、培育环境维权意识和完善环境公益诉讼体系。The local peopled governments and judicial authority at various levels in Hunan prov-ince deals with eco-environment damage cases very strict. Despite of the achievements made in dis-posal of environmental damage events in Hunan Province, problems that cannot be ignored are pres-ent as being noticed in the case study. One of the important issues that need to be mentioned is that a few local authorities are still holding their traditional development philosophy. Due to lack of awareness of law, enterprises frequently violate the legislated environmental act and regulations while the administrative departments are often negligent in the performance of their duties. Being afraid of possible impact on social stability and economic development, local governments sometimes do not provide strong support to civilians for safeguarding their legal rights. In general, the social power for civil right protection is relatively weak and public welfare lawsuit procedure has not been well established. During the process of enforcement of the accountability system, it was noticed that some of the environmental protection departments did not impose sufficient fine on the enterprises responsible for the pollution. The numbers of the cases covered by the administrative accountability system were less than that should be accounted for. The amount of reparation and compensation were relatively small while penalties on violating the environmental laws were relatively light. In a number of cases the enterprises did not fulfill their obligations to conduct ecological restoration for the eco-environ-ment damaged by them. In order to solve the above mentioned problems, it is of high significance to introduce the concept of “green development” ？ In addition to clarify the subjective and objective re-sponsibilities stipulated by environmental protection laws, it is important to establish jointed handling mechanisms,innovate environmental judicature system, cultivate social con

关 键 词：生态环境损害案件 责任追究 机制完善 

分 类 号：DF468[政治法律—环境与资源保护法学]