環境刑法の新展開 : 環境保護政策と法規制の在り方

抄録

Today it seems to be natural to provide criminal regulations to guarantee the effectiveness of various environmental laws. In reality, the roles played by the punishments in protection of the environment seems to be insignificant and it is no exaggeration to say there is no application of punishments to actual cases of protecting environment as far as we compare them with the criminal cases in general. Fundamentally, the penalty regulations do not function not only as sanctions against invasion of environment but also are expected to function to form people's awareness of so-to-speak standards in order to teach them the importance of new legal profit, which is environment. But we must not forget that it does great harm to place great expectation on such a function as to form people's awareness of standards. It is not only meaningless, but is also accompanying great harm. Furthermore, the conventionally expected preventive and active roles have come to end, when we reflect on the ineffectiveness and passiveness of its functions in protection of the environment that environmental laws essentially have. Rather it is no exaggeration to say that it is now the time to reconsider and to form the theory based on a new philosophy. And a new theory of environmental laws should be constructed based on the framework of economic rule under the precondition that the role of assisting environmental regulations. 1. Introduction 2. Environmental protection and punishments use of administrative punishments and how they should be economic technique and how penal regulations should be 3. Conclusion