The Study On The Restorative Justic Of Environment Crime

The continuous development and progress of society makes social relations and interests more and more complex and diversified. Meanwhile, over-exploitation behavior leads to severely-damaged environmental resources. In order to prevent the environment from being further deteriorated, an environmental penal law has been used as a complete system incorporated into the environmental legal system, and become the most threatening legal instruments. However, under the situation of complex environmental crime and increasingly serious environmental problems, China's environmental criminal law has not given environmental governance appreciable effect.Restorative justice means that through the facilitator's help, the victim and the offender and those affected by crime and any other individuals or community members participant together, and through consultation means to resolve and make up the problems caused by crime. The origin of restorative justice can be traced back before the colonial period and beyond. The Contemporary Field of Restorative Justice develops from the community trial practice that accounts for a large proportion of the Amish Christians in 1970s. The development of restorative justice should be attributed to a large extent, the early variety of cultural and religious traditions. World Victims Association in 1979 also greatly promoted the development of restorative justice. The Form of restorative justice represents reconciliation, negotiation, talks, restorative compensation and community service.Environmental crime is necessary. It goes beyond the traditional penalty and help to improve the effectiveness of criminal justice environment. This was reflected in two aspects. The first one is the lack of criminal law values the relief of victims and the environment is not conducive to the protection of victims. And the second one is legislation related to the lack of regulations led to justice cannot play its due role to prevent environmental crime. Restorative justice, criminal justice environment is feasible, because Environmental crime restorative justice and traditional Chinese culture fit. And than, harmonious society policy-oriented approach to environmental crime restorative justice provides a social base and political base. And criminal system for the environmental crime of criminal settlement of restorative justice provides the institutional basis. Also consistent with the trend of judicial reform and comply with the development trend of the world's light punishment.