Research On The Restorative Justice Of Environmental Crime

Environmental criminal law,as the last barrier of environmental protection,carries people's full subjective expectations.But due to apply in the judicial practice environment criminal activity legislation idea didn't update,still to sanction the environment crime people as main aspects,ignoring the victim and the demand for environmental remediation,leading to these expectations not well into reality.Western restorative justice the main task of the criminal justice is not in punishing criminal,but to fully recover losses caused by the crime,in an attempt to achieve a "harmless justice",the core idea is to restore,lawmakers and the punishment of environmental criminal intention and purpose.Environmental crime restorative justice refers to the punishment of environmental crime to restorative justice concept throughout the environment crime criminal liability has always been,and ultimately be determined by the court in the form of the recovery of specific measures,will restore the way and results in punishment execution evaluation index of a new judicial system.These measures including but not limited to order the environmental crime of human behavior must be including the payment of compensation for ecological restoration,ecological restoration agreement or replanting after green measures such as environmental restoration.It is of great significance to apply restorative justice in environmental crimes to respect and safeguard human rights,to uphold judicial justice and to build a beautiful new China.The dilemma of applying restorative justice in the field of environmental crime is that there is no unified understanding in theory,the judicial organs and their staff are confined to the inherent meaning of restorative justice and the localization of environmental crime legislation;the system of community correction is incomplete,lack of a sound protection system for victims and a sound after-the-fact supervision mechanism.Therefore,it is urgent to determine the uniform meaning of environmental restorative justice and to update the judicial philosophy in thought.To perfect relevant legislation,to set up the related content of the restorative justice of environmental crime in the criminal law;Clear environmental crime in the judicial application of restorative justice procedure startup conditions,reasons for restorative justice in the environment crime the impact on the environment crimes sentencing,setting the victim participate in environmental crime restorative justice program,in order to achieve the unity of the legal effect and social effect.