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环境损害鉴定评估是环境污染犯罪刑事责任追究最直接、最客观的证据,应予以推行。但基于环境刑事政策与司法成本的考量,部分环境污染行为或者程序上难以启动环境损害鉴定评估,或者实体上现有的环境损害鉴定评估制度可能有碍环境司法公正的实现,需发挥其补充路径的作用。从排污可证制度、有专门知识的人制度等环境损害鉴定评估补充路径在环境污染犯罪刑事责任追究过程中的可适用性进行论证,环境损害鉴定评估与其补充路径在环境污染犯罪刑事责任追究过程中的两类个案适用模式:①于环境损害鉴定评估可行之前提下,环境损害鉴定评估与其补充路径同时适用,经过质证后的环境损害鉴定评估结论之证明力大于其补充路径的证明力,但前者可以被后者推翻;②环境损害鉴定评估由于费用、时间、证据遗失等情况而难以开展,充分发挥补充路径之作用,依法追究环境污染犯罪行为的刑事责任。
Appraisal of Environmental Damage Appraisal is the most direct and objective evidence to investigate for criminal responsibility of environmental pollution crime and should be promoted. However, due to environmental criminal policy and judicial cost considerations, it is difficult to initiate environmental damage appraisal and assessment for some environmental pollution acts or procedures or the existing appraisal system for environmental damage appraisal may impede the realization of environmental justice and need to play its complementary path Role. From the feasibility of the pollution permit system and the system of people with specialized knowledge to the supplementary path of environmental damage appraisal and assessment in the investigation of the criminal responsibility of environmental pollution crime, the appraisal and assessment of environmental damage appraisal and its supplementary path are the key points of investigating the criminal responsibility of environmental pollution crime (1) Before the appraisal of environmental damage is feasible, the appraisal of environmental damage appraisal and its supplementary route are applicable at the same time. The proof of the appraisal conclusion of environmental appraisal after certification is more than the proof of its supplementary route, The former can be overthrown by the latter. ② Appraisal of environmental damage appraisal is difficult to carry out because of cost, time and evidence loss, and gives full play to the role of supplementary path. It also investigates the criminal responsibility of criminal acts of environmental pollution according to law.