Restorative Judicial Research On The Crime Of Illegal Logging And Deforestation

Illegal logging and deforestation crime is one of the serious damages to the ecological resources in our country.The crime behavior not only damages the forest ownership interests,but also damages the ecological environment and the survival of mankind.According to the logging and deforestation crime sentencing results,published in Chinese referee network from January 2013 to December 2016 in Shandong province,these two kinds of case presented several sentencing characteristics which is sentencing mainly based on the short-term free punishment,the proportion of fine punishment is large,and the lack of vegetation restoration measures.Only emphasize impose punishment on the victim,increase economic punishment is difficult to restore the damaged legal interests.With the rise of the civil rights movement in the west,it is emphasized that restorative justice is a kind of crime against the individual and social relations.From the moral,social and other aspects of a comprehensive understanding of the crime,the criminal take the responsibility in a positive manner to restore the damaged social relations.Illegal logging and deforestation crime as a crime of disrupting the ecological relationship between man and nature,it is the most important factor for the offender to recover the damaged vegetation.Therefore,restorative justice into illegal logging and deforestation crime can is of great significance to criminal measures.This paper takes Shandong province for nearly 4 years illegal deforestation crime sentencing results as the basis,from the angle of the theory of restorative justice to demonstrate recovery illegal logging and deforestation crime.Combined with some of the vegetation restoration measures have been adopted,it is suggested that the criminal mediation system should be improved from the aspects of procedure.From the physical aspects of the construction of "replanting green" mechanism,so that the perpetrators of voluntary participation in the process of recovery of damaged trees.In addition,the establishment of compensation fund for ecological restoration and improvement of the community correction system provides financial support and system guarantee.Specifically this paper is divided into four parts:The first part,taking Shandong Province as an example to analyze the illegal logging and deforestation cases.Through the statistics from January 2013 to December 2016 China documents published online,the author finds this kind of case presents the traditional judicial sentencing characteristics.The absence of vegetation restoration measures show that this kind of criminal judgment does not take into account the ecological benefits of forest resources.The second part mainly discusses the value of restorative justice and the reasons for the introduction of illegal logging and deforestation.The concept of restorative justice has been broken the absolute symmetry relationship between crime and punishment,to resolve social conflicts for the stressed multi-party negotiations process.In this process to enhance the moral consciousness of the perpetrators to voluntary repair damaged relations.The restoration of the judiciary concept throughout the criminal regulation process,is conducive to understanding the importance of forest damage to forest resources,to repair the damaged vegetation,to promote the construction of socialist ecological civilization.The third part mainly analyzes the domestic and foreign application of restorative justice in forest resources crime.“Brazil environmental criminal law” restorative community service have certain significance for the perfection of China's illegal logging and deforestation execution mode.The criminal code of Russian Federation adopts fine according to the defendant's wage standard,which is a clear and specific standard.In addition,Fujian Province has adopted three kinds of "replanting green" forest restoration model which has its rationality and imperfections.This paper aims to draw lessons from the domestic and foreign legislation and judicial practice on the construction of illegal logging and deforestation of the restorative justice system.The fourth part proposed the restorative justice system used in the logging and deforestation cases.The criminal mediation system in our country is not only suitable for the criminal policy of leniency,but also in the process of mediation and negotiation.The construction of the mechanism of "replanting green" can be used to repair the damaged forest resources and reconstruct the harmonious relationship between human and nature.In addition,the establishment of compensation fund for ecological restoration and improvement of the community correction system provides financial support and system guarantee.