Research On The Criminal Reconciliation System Applied To Environmental Crime

As a new measure of criminal dispute resolution,the criminal reconciliation system was introduced to China under the influence of restoration justice in western countries.The criminal reconciliation system means a proceedings that the judiciary won't pursue criminal responsibility or will mitigate criminal responsibility according to the specific circumstances of the case after the victim and the suspect,or the defendant reached an agreement of civil compensation settlement by direct communication and consultation through meditation or other organization in the proceeding of criminal suit.For the characteristics of environmental crime,such as economic subsidiarity,time hidden and so on.The criminal reconciliation system used in the environmental crime fits the traditional concept of harmony,which has the applicable legal basis and can be consistent with the purpose of environmental protection.Learning from the legislative practice of extraterritorial criminal reconciliation system,China should make the criminal reconciliation system applied to environmental crime by legal form.We should define the scope of the criminal reconciliation system used in environmental crime,standardize the applicable phase of criminal reconciliation system in environmental crime.The participation of criminal reconciliation system in environmental crime should also be defined,and the special retroactive system of criminal reconciliation in environmental crime will be implemented.The application of fine penalty in the criminal reconciliation system of environmental crime should be increased.The government oversight mechanisms and public participation system for the criminal reconciliation system in environmental also need to be improved to establish a sound system of criminal reconciliation for environmental crime prevention.