| 英文摘要 |
Criminal punishment as the most severe type must comply with the following principles that are derived from the principle of proportionality: The legitimacy of purpose, the principle of last resort, and the principle of proportionality. When regulating polluting behaviors with criminal punishment, it must be conducted for the purpose of protecting environmental media and its component elements should benefit the fulfillment of such purpose. Otherwise, the legislation will be merely a symbolic bill. The current Article 190-1 of the Criminal Code, despite being as environmental criminal law, only has symbolic value because it adopts the design of “concrete crime of danger” and a strict review standard for “pollution”, which leads to the difficulty in enforcement and the malfunction of its role. Considering the close relations between the German Criminal Law and Taiwanese Criminal Code, it is highly necessary to compare the regulations of both sides and restructure the system of our environmental criminal law accordingly. |
