The System Research Of Criminal Reconciliation In Environmental Crime

The word "Reconciliation" has a long history, used to solve the territory,national, trade and other,was a kind of effective measure solving dispute and calming disputes. The Criminal Reconciliation in Environmental Crime is when a occurrence of environmental crime, under the auspices of the judicial authority, the offender and the citizens who have direct interested to actively participate in the process, through direct face-to-face talks, under the premise of the offender voluntarily repentance, the two decided that the harm fact to evaluate harm result, finally achieved the reparative judicial settlement, at the same time, the judicial organs is the implementation of the settlement agreement and agreement to recognition of the mechanism. It applies to environmental crime as the premise, with the particularity of reconciliation subject,content, relative fixity, the openness of the process of legal certainty and reconciliation agreement. Environmental crime criminal reconciliation is not equal to replace and give up environmental punishment, but rather to keep the possibility of criminal investigation.The Criminal Reconciliation in Environmental Crime is based on the particularity of ecological environmental law profit, the importance of the intrinsic value of the ecological environment, pursuit of restorative justice practice,environmental crime approach diversity, environmental penalty goal pursuit of reality and the judicial practice is put forward on the basis of empirical support.When it comes to the environment crime, in line with the party autonomy, parties are beneficial to the repairing environmental damage, disgraceful consideration not violate, embody the criminal policy of tempering justice with mercy, the offender, the environmental protection department, the environmental protection organization and the other participants in the auspices of judicial organs, can undertake to negotiate,negotiate, environmental crime criminal reconciliation agreement, have a major impact on the environment crime criminal reconciliation needs to hold hearings,environmental crime criminal settlement agreement confirmed by the judicial organ can effectively. Judicial organs in making conditional not to prosecute, ease, given a lesser punishment or be exempted from punishment decision, should to use the environment crime criminal reconciliation agreement implementation as a test, while retain the possibility of criminal investigation, when the offender does not performenvironmental criminal settlement agreement or weak enforcement, will restart the judicial proceedings, the people’s procuratorate at the same time can make Suggestions, aggravating punishment or the decision of the court can also make a heavier punishment.