Study On The Application Of Criminal Justice To The Liability For Damage Restoration In Ecological Environment

At present,with the rapid development of China’s social economy,it brings a lot of convenience to our life.At the same time,the traditional governance concept of "pollution first,treatment later" makes us suffer from many problems of environme ntal pollution and ecological destruction for a long time.Due to the low cost of enviro nmental pollution and ecological damage,the high cost of abiding by law makes the p rinciple of liability for damage become empty talk.In addition,the situation of "enter prises breaking the law and the government paying the bill" still exists in a large num ber,and there is no effective and adequate relief for ecological and environmental da mage.With the development of the specialization of environmental justice,the establi shment of environmental public interest litigation and the compensation system for ec ological environmental damage has provided convenient conditions for investigating t he responsibility of ecological environmental damage restoration of environmental la w-breakers.However,the application of most environmental civil public interest litiga tion or ecological environmental damage compensation system lags behind the investi gation of criminal responsibility of the actor.This not only has certain influence on th e fixed evidence and the judgment of responsibility in the case,but also reflects that th e current criminal legislation and judicature in China have not played an ideal positive role in the realization of the responsibility of ecological environmental damage repair.Although the traditional punishment can deter the offenders to some extent,it cannot provide sufficient relief for the ecological environment damage.Therefore,the timely relief of ecological environmental damage can be realized fundamentally when crimin al judicial investigation is carried out on the offenders of ecological environmental cri mes and the realization of their responsibility for restoration.In the first chapter of this paper,three classic cases are selected,which are the traditional water pollution represented by Wu mountain forest fire case,the multiplication and release of Lei illegal fishing case and the illegal sewage case such as shu.These three cases can basically represent the types and ways of carrying out the common ecological environmental damage repair liability,and through the analysis of the three cases,the main problems existing in the current criminal justice practice of the ecological environment damage repair liability are summarized.These three problems are the connection between the criminal responsibility for ecological environmental damage and the responsibility for restoration,the standard of punishment as the circumstances of penalty relief and the way of responsibility for restoration.In the second chapter,the theoretical analysis of the three problems summarized in the first chapter,and the causes of the three problems and some consequences of the problem in judicial practice are expounded in detail.The third chapter,aiming at the three problems of ecological environment damage repair liability and combining with the theoretical analysis of the second chapter,analyzes these three problems,and puts forward feasible suggestions combined with relevant materials and actual conditions.How to link up the criminal responsibility and the repair responsibility;the repair responsibility as the penalty relief circumstances,should be based on the repair behavior or repair results as the standard and repair results why to supervise the acceptance,how to supervise the acceptance;Take the initiative to take the repair responsibility lenient punishment and range,according to the existing laws,put forward the establishment of ladder lenient punishment;for the repair responsibility,put forward feasibility suggestions,from procedural protection to relevant supporting protection.I intend to fully absorb our local and extraterritorial beneficial experience on the basis of improving the criminal justice practice of the responsibility for restoration of the way to assume,set up ecological environment criminal justice application of restoration responsibility to achieve the procedural guarantee mechanism and set up ecological environment criminal justice application of restoration responsibility to achieve the path analysis.