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刑事保护手段因具有严厉性、特殊预防与一般预防结合性等特点,在水资源法律保护体制中占有重要地位。我国现阶段的水资源刑事保护制度虽已初步建立,但还存在立法理念偏差、入罪门槛偏高、处罚后对环境的恢复不力、刑事保护机制运行欠佳等诸多缺陷。因此,亟待转变立法理念,科学界定水资源概念,优化具体规范与司法程序,建立更加完善的水资源刑事保护配套体制。
The means of criminal protection occupies an important position in the legal protection system of water resources due to the characteristics of severeness, combination of special prevention and general prevention. Although the system of criminal protection of water resources at the present stage has been initially established, there are still many shortcomings such as the deviation of the legislative concept, the high threshold of criminalization, the ineffective recovery of the environment after the punishment, and the poor protection of the criminal protection mechanism. Therefore, it is urgent to change the concept of legislation, scientifically define the concept of water resources, optimize specific norms and judicial procedures, and establish a more complete supporting system for criminal protection of water resources.