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近年来,我国政府在环境决策方面的失误造成了大量的资源浪费和资金损失,而《刑法》中又尚无对“重大环境决策失误罪”的具体规定。理论界的研究主要局限在决策者行政责任的承担方面,而对其刑事责任则较少涉及。本文通过对“重大环境决策失误罪”进行法理分析,提出立法构想,强化环境的刑法保护力度,以减少我国的环境决策失误现象。
In recent years, the mistakes made by our government in environmental decision-making have caused a great deal of waste of resources and financial losses. However, there are still no specific provisions in the Criminal Law on the “crime of major environmental decision-making mistakes.” The theoretical research is mainly confined to the responsibility of decision-makers in the administrative responsibility, while its criminal responsibility is less involved. This article analyzes the law of “major environmental decision-making errors”, puts forward the idea of legislation, and strengthens the environmental protection of criminal law so as to reduce the mistakes of environmental decision-making in our country.