The Restorative Justice Of Criminal Judicatory Of The Environment And Resource Offense

As one of the numerous means of solving the environment problems, the environmental criminal law is consigned too much subjective expect. Being one of the ways of the environment criminal law implement, criminal judicatory of environment and resource offense naturally continues these subjective expect. Obstructed by the factors of the criminal legislation and judicatory, these subjective expect did not come true in the reality. The environment problems are still outstanding, which does not fit the principle of constructing a harmonious society at present, and to some extent this obstructs the realization of that principle.Restorative Justice, which is the outcome of introspects and reforms about the traditional criminal judicatory, has been a focus. Restorative Justice provides us a new type of the criminal judicatory in the thinking mode and value pursue, which is very useful to our criminal judicatory of the environment and resource offense. This text first definite the basic principle of Restorative Justice, then combining the causes and the reality of the environment and resource offense, confirms the worth targets of criminal judicatory of the environment and resource offense, and analyze the factors obstructing the realization of these worth targets. And then we analyze its functions in promoting the realization of these worth targets, and argue the feasibility of transplanting Restorative Justice into the criminal judicatory of the environment and resource offense. Finally, after analyzing the basic clues that the transplant should follow and the subsidiary systems it needs, we put forward the first step conceive about the Restorative Justice of the environment and resource offense in five aspects.