基于司法大数据的生态环境犯罪刑法惩治分析

生态文明建设是我国社会主义现代化建设的重要组成部分。依法惩治生态环境犯罪是保障生态文明建设的重要手段。文章基于司法大数据对我国刑法规定的生态环境犯罪的发案情况、基本样态、核心成因与治理之策等进行了统计与分析。研究表明，运用刑法手段惩治生态环境犯罪在我国取得了初步效能，尽管污染环境罪等典型生态环境犯罪的发案率近年来处于冲高回落阶段；但由于仍处于工业化进程中，人民群众的生产、生活与生态要素的交互在空间与密度上依然广泛与密集；基于刑法惩治所压制的生态环境犯罪发案与犯罪的原始动能之间仍呈现出一定的二元离散；部分生态环境犯罪发案显示出犯罪人基于生活利益而获取自然资源的客观情形在一定时空范围内依然存在；提升刑法治理生态环境犯罪的效能尚需多方参与、多元共治、多维提升，从而努力实现人民群众生产、生活质量与生态文明建设的同步高质量发展。就微观层面而言，基于司法大数据的统计分析表明，由于新冠疫情防控政策等公共政策的影响，自2020年以来我国生态环境犯罪的发案数量呈现出巨大下降。但需明确的是，此种下降具有强烈的外部性与暂时性，在本质上是由于人民群众基于居家不出而形成的。随着新冠疫情防控政策的常态化、精准化，...

Analysis oncriminal punishment of ecological environment crimes based on judicial big data

The construction of ecological civilization is an important part of China''s socialist modernization. Punishing eco-environmental crimes according to law is an important means to ensure the construction of ecological civilization. Based on judicial big data, this paper makes statistics and analysis on the occurrence, basic patterns, core causes and governance strategies of ecological environment crimes stipulated in China''s criminal law. This research shows that the use of criminal law to punish eco-environmental crimes has achieved initial effectiveness in China, and the incidence of ecological environment crimes in China is in the stage of rising and falling in recent years. However, because it is still in the process of industrialization, the interaction of people''s production, life and ecological elements is still extensive and intensive in space and density. There is still a certain binary dispersion between the occurrence of eco-environmental crimes suppressed by criminal punishment and the original kinetic energy of crimes. The occurrence of some eco-environmental crimes shows that the objective situation that criminals obtain natural resources based on living interests still exists in a certain space-time range. In order to improve the effectiveness of criminal law in the treatment of ecological crimes, it is still necessary to participate in multiple parties, in multiple ways and improve in multiple dimensions, so as to strive to achieve the synchronous and high-quality development of people''s production, quality of life and the construction of ecological civilization. At the micro level, the statistical analysis based on judicial big data shows that the number of eco-environmental crimes in China has decreased significantly since 2020 due to the impact of public policies for COVID-19 epidemic prevention and control. However, it should be made clear that this decline has a strong externality and temporality, which is essentially caused by the fact that the people are unable to go out. With the normalization and accuracy of the prevention and control policies for COVID-19, people''s production and living activities will still interact widely with the ecological environment, and the development and utilization of natural resources into means of production and means of living are common. In order to consolidate the effectiveness of prevention and control of eco-environmental crimes, it is recommended that relevant departments formulate relevant plans for law popularization of eco-environmental laws and prevention and control of eco-environmental crimes. On the one hand, by further publicizing the concept of ecological civilization, we should publicize the laws related to typical eco-environmental crimes, such as illegal forest cutting, deforestation, illegal hunting, killing of precious and endangered wild animals, illegal mining, and illegal fishing of aquatic products. On the other hand, we should fully mobilize grass-roots autonomous organizations such as communities, village committees and neighborhood committees, encourage the development of alternative industries and other ways, and effectively reduce the conflict between the protection of the basic living interests of the people in the places where the elements of the ecological environment are located and the ecological environment to a low level through diversified governance, so as to fundamentally reduce the incidence of ecological environmental crimes and consolidate the achievements of the construction of ecological civilization.