Study On The Auxiliary Measures Of Environmental Criminal Penalty

The auxiliary measures of environmental criminal penalty made by the court or thePeople’s Procuratorate to resistance to environmental crimes and renovate the damages toeco-environment， are complementary, auxiliary and disposal method ofnon-penalty.Different from the environmental accessory penalty，they are auxiliary andmultifarious measures to punish the environmental crimes, prevent the environmentalcrimes and renovate the human relations in society，which are put forward based on theprofound cognition of the damage to the eco-environment, re-gazing at the value ofeco-environment and the legal interests of environmental criminal,meeting the restorativejustice and lacking of penalty system in China。The auxiliary measures of environmental criminal penalty are made by the Courtwhen make the environmental penal sentence, or by the People’s Procuratorate at thestage of review and prosecution and told the court what they have done. the Court or thePeople’s Procuratorate decides to implement one or more measures along punitivemeasures, educational measures or restorative measures;meanwhile,the implementation ofthe auxiliary measures of environmental criminal penalty should bring intocorrespondence with the environmental criminal penalty of balance and be as plot tomake sentence. The People’s Procuratorate, the Environmental Protection Department, theMasses and the Grassroots Organizations will be as the subject that supervises theimplementation of environmental penalty auxiliary measures.Although we take severe environmental criminal penalty to resistance toenvironmental crimes,not only environmental penal system is not perfect and difficult toachieve the restoration of the eco-environmental damages but also implementation doesnot bring into correspondence with practice.Therefore, the auxiliary measures ofenvironmental criminal penalty should be established on the legislation to resistance toenvironmental crimes and renovate eco-environment damages. At the same time,enlarging environmental penalty auxiliary measures implementation scope and thediscretion which judge carry out the auxiliary measures of environmental penalty, foundsa " punish-prevent--repair" system that environment criminal penalty is given priorityand the auxiliary measures of environmental penalty as the auxiliary pole to repair theeco-environmental damages and realize the harmonious relation between man andnature.