Research Of The Environmental Repair Fees In Criminal Cases

Environment has sown the seed that will be hurt by human beings,since environment bred human beings.It's better to say that the vigorous implementation of environmental policies in various countries is the way that human beings atone for their crime in front of the environment in order to heal the wounds brought to the environment than the awakening of human consciousness of environmental protection.This paper analyzes 87 environmental criminal cases about environmental repair fee from January 2014 to June 2018 retrieved of“Non-litigation Cases Network”.Then,analyze the application problems of environmental repair fee in criminal justice practice and throw out some suggestions not only to protect the environment,but also to ensure fairness in environmental criminal justice practice.In addition to the introduction and conclusion,this article is divided into three parts.The first part is the basic situation of 87 environmental criminal cases about environmental repair fee from January 2014 to June 2018 retrieved of “Non-litigation Cases Network”,which summarizes the regions of crime?time of crime?the types of crime and the subject of crime.Then,contrast environmental criminal cases which do not involve environmental repair fee in “Non-litigation Cases Network”.This part provides basic datas for later research in the application of environmental repair fee in environmental criminal cases.The second part mainly reveals the difficult problems in the application of environmental repair fee in environmental criminal justice practice.First,too many names about environmental repair fee are used in environmental criminal cases,which makes readers confused.Second,how to make a judicial procedure path choice of environmental repair fee in environmental criminal justice.For example,Prosecutors institute environmental civil suit incidental to criminal proceedings,then the environmental repair fee will be decided or mediated by the court,in addition,without prosecutor's appeal,the court directly rules that the plaintiff should pay the environmental repair fee.Third,the amount of the environmental repair fee in the practice of the same type of environmental crime came up with differentsentencing results.Fourth,the problem of choosing appraisal institutions.Last,the management of environmental repair fee.The last part makes some suggestions which aims at the former part of the problems.First,unify the name of the environmental repair fee.Second,think more in the view of substantive justice when make a judicial procedure path choice of environmental repair fee in environmental criminal justice.The author suggests that prosecutors institute environmental civil suit incidental to criminal proceedings,then the environmental repair fee will be decided or mediated by the court.Third,the environmental repair fee should be enough and paid in advance.Based on the judicial interpretation,the author suggests that paying the environmental repair fee should be one part of the sentencing plot.At last,the author suggests that make clear the management authorities and alignment of the appraisal institutions.