Research Of Restorative Justice’s Application In Environmental Crime And Control

To discipline the offender is not the purpose of environmental crime of Punishment,and punishment discipline the offender is to protect the environment,protect the rights of the public and victims of crime prevention purposes,and to ultimately the people,harmony between man and nature.However,due to the special nature of environmental crime and the special nature of traditional criminal justice inherent,making fail tough penalties defeat the purpose of punishing environmental crime.Restorative justice is a product of a reflection the traditional criminal justice.And since its production,theory and practice of national criminal justice had a significant impact.Restorative justice emphasizes timely repair of the consequences of crime,focusing on criminal offender resocialization,advocates crime-related parties involved in the process to crime and criminal pursuit of value for our thinking punish environmental crimes provided useful reference.This paper is divided into five chapters:The first chapter is an overview of restorative justice.Firstly,the emergence and development of restorative justice;Secondly,collation and analysis of representative views on the concept of restorative justice in the international arena,to leads to a general content justice of the punishment of environmental crime,and analyzes the characteristics of restorative justice;Finally,Finally,the positioning of restorative justice and comparative analysis of the difference between restorative justice and traditional criminal justice..The second chapter is mainly based on the special nature of environmental crime,from conducive to the full restoration of the consequences of the damage,improve the environmental performance of criminal justice,Implementation and compliance with judicial reform to promote the inherent functional requirements of environmental crime prevention to Analysis of restorative justice is introduced practical significance of the punishment of environmental crime.The third chapter from the basic properties of China’s traditional culture,national policy guidance and relevant legal system of local resources to analysis of the cultural foundation and corresponding legal system based on the idea of restorative justice in the use of the punishment of environmental crime has.The fourth chapter analyzes mainly on domestic and international environmental crime and punish the judicial practice of restorative justice.First,mainly from the relevant typical case of industrial practice situation,and analyze the good practices and shortcomings.Secondly,the analysis of the situation of foreign legislation and judicial practice,analyze the advanced approach.The fifth chapter is based on the previous chapters,preliminary analysis of the use of restorative justice in environmental crime punish the path of,from the clear of the basic principles of restorative justice mechanisms in the environmental crime and punish,supplementary measures to improve environmental crime penalties,criminal reconciliation system,conditional non-prosecution system,community correction system of restorative justice mechanisms current criminal justice system,and construction to build information network platform,establishment of environmental restoration fund account,construction of environmental remediation liability oversight mechanisms of related Institutional.