Restorative Justice Applies To Environmental Crime Research

In recent years,major environmental pollution accidents and environmental crime had emerged.It is imperative to punish environmental crimes and repair the damaged environment.Environmental criminal justice is a response to lack of power,however,from the Chinese criminal law article three hundred and thirty-eight to article three hundred and forty-six of this law by the destruction of the environment and resources protection,sin property punishment fine or independently be sentenced to a fine and confiscation of property is a crime punishment should place in common,to some extent,it played a crackdown on crime deterrent effect,but for the environment didn’t well compensated,not conducive to the realization of the aim of protecting the environment,and adopts single criminal responsibility is unable to solve the crisis of environment and resource.For damage to the environment resources crimes in the judicial practice,whether the defendants sentenced to imprisonment,or fine,destruction of environment resources still maintain the damaged condition,failed to fix.It can be seen that the existing penalty categories cannot meet the needs of effective protection of ecological environment,so it is urgent to seek a feasible model to realize the timely restoration of ecological damage.Control mode and restorative justice,as a kind of crime,the criminal justice in the specific application environment has a strong realistic necessity and relatively clear pertinence,make up for the deficiency of the traditional model.On June 23,2014,the Supreme Court rules on the environmental resources comprehensively strengthen judicial work for promoting the construction of ecological civilization provide powerful judicial safeguard opinions ",the first to "adhere to the damage liability" as the basic principles of environmental resources judicial work,put forward "to carry out the comprehensive compensation provisions,to explore to establish environmental restoration,punitive damages system",this is introduced in the field of environmental justice reparative concept provides a development opportunity.Judicial practice in our country,fujian,hubei,guizhou and other places are introduce the concept of restorative justice to the ecological environment in the case,all the effort is worth affirmation and has made certain achievements,but there’s no denying it still exist some shortcomings,and there are some difficulties,such as the lack of legal basis,lack of corresponding supervision,lack of scientific system of repair and so on,the effect of restorative justice in criminal environment application practice of difficult to highlight to reveal.Therefore,it is urgent for judicial practice to further explore the application of restorative justice mechanism to perfect ecological environment crime.In particular,should be through perfecting legislation,clear restoration compensation principle,strengthen the pertinence and maneuverability of ecological restorative justice,legislation should include perfect fine punishment,the type of innovation restorative responsibility,auxiliary measures to increase the punishment,and specify the case scope of the suitable ecological restorative justice,establish the ecological restoration of the ecological environment case consultation prepositional procedure and so on.The technical dilemma should be solved,and professional institutions should be established to assess the degree of ecological damage,repair cost and the expert identification system of the results.Perfecting the guarantee mechanism,perfect the external collaboration mechanism,law enforcement and judicial force,establishing data disclosure,supervision mechanism of public participation and so on,to strengthen legal supervision,integrate resources,internal and external linkage to ecological new breakthrough in restorative justice.