The Judicial Application Of The Exchanged Penalty System In Environmental Crime

Social reality forces the top-level design to change.The innovation of ecological management model has become an important part of social transformation and development.However,in the judicial practice,the criminal law has exposed many lags and deficiencies of traditional punishment means.The effects of punishment and prevention are not very obvious,and more likely to cause social division.This paper focuses on the shortcomings of the existing penalties,and makes a study on the judicial application of the exchanged penalty system in environmental crime,through the "ecological complex green" criminal justice practice in Fujian province.This article is divided into four chapters.The first chapter is the dilemma and breakthrough of environmental crime.Focusing on the current situation of the lack of effectiveness exposed from the current ecological trial,the author using the ecological restoration in the forestry crime as a perspective classifies and analyzes the attempts in practice.This part aims to explore the judicial cases of exchanged penalty system,and to draw up its discussion on the application of justice in ecological crime.The second chapter is the theoretical foundation of exchanged penalty system.This part introduces the system briefly and expounds the theoretical foundation of the application of exchanged penalty system in environmental crime from three aspects:legitimacy,reasonability and necessity.Chapter 3 is about the compatibility between exchanged penalty system and environmental crime.the author summarizes the functions of the exchanged penalty system in environmental crime,and screens the punishments and forms that should be reciprocated in the current national conditions.Chapter 4 discusses the specific design of the system in environmental crime.this part of paper analyzes the feasibility of the judicial application of exchanged penalty system in different situations,puts forward the restrictive conditions for the use of the system in environmental crime and makes a conception of its corresponding design.