The“Restoration''Verdict Of The Crime Of Destroying Environmental And Resource Protection In Jiangxi Province In The Five Years Is Taken As A Sample

The progress of society complicates the relationship between man and nature,and some enterprises suffer serious damage to the environment in order to develop,overexploit and emit too much.In order to prevent ecological damage,the criminal law of our country stipulates the environmental crime with a special section,in order to punish the criminals who destroy the environment.At present,maintaining ecological balance and environmental security and punishing criminals who destroy the environment are the inevitable requirements of taking the road of sustainable development.However,from the current criminal justice of our country,the criminal law has not brought obvious effect in the aspect of environmental governance.From the point of view of the provisions of the current law,the perpetrators of environmental crimes shall be punished with free punishment and property punishment.Mainly,although this can deter environmental crime to a certain extent,but the environment damaged by criminal acts is still in a state of damage,so it is difficult to achieve the purpose of environmental protection.There are many kinds of environmental crimes,only relying on the existing penalties can not meet the needs of punishing this kind of crimes,and it is difficult to fully achieve the goal of environmental protection.Therefore,it is urgent to find a feasible way to solve the problem of environmental crime.Through foreign practices,many countries have begun to apply the concept of restorative justice.The idea is that,under the action of an intermediary,the members of the parties involved in connection with crime,in some cases may include States,communicate on a willing and equal basis,together to establish solutions with the aim of restoring damaged relations.Restorative justice can effectively prevent and control crime,and it is necessary to apply restorative justice to environmental crime cases.Comparing with the traditional model,restorative justice focuses on the status of the victim,so that it can communicate with the actor equally.To the role of criminal control in criminal law.In the judicial practice of our country,the concept of restoration justice is also gradually applied to ecological environment cases.Through the attempts of local courts,some problems have been found while achieving good results in environmental governance.In order to better explain the necessity of introducing restorative justice system into environmental crime cases,find the problems in application and put forwardcountermeasures,the article is divided into four parts,as follows:The first part discusses the emergence and development of this concept.This paper introduces the concept and origin of the concept of restorative justice,then analyzes the differences between the two by comparing with retaliatory justice,and finally introduces the emergence and development of restorative justice in China.The second part analyzes the legitimacy of the application of restorative justice.First,the application of restorative justice for legal consideration.Second,the feasibility analysis,recovery justice in line with the purpose of punishing environmental crimes,in line with the policy of building ecological civilization,in line with the purpose of criminal justice and the trend of light punishment.The third is the necessity of application,the damaged environment should be repaired as soon as possible,the judicial practice needs to be based,and the value function of the provisions of environmental criminal law is limited.The third part is the practice and problem analysis of restorative justice.Taking the judgment of "repairing" the crime of destroying environmental resources in Jiangxi Province in the past five years as a sample,through selecting the case as the sample for analysis,this paper summarizes the practical characteristics of the application of restoration justice in the sample.Through the sample cases,it is found that the development of restorative justice in judicial practice is diversified and has achieved good legal and practical results.Finally,through the sample,we find out the problems existing in the application of restoration justice in environmental crime cases,such as the lack of legal basis for the application of restoration,the lack of unified replanting standards,the lack of enforcement supervision and protection mechanism,and so on.The fourth part is the countermeasure analysis.In view of the problems that arise in the practice of restorative justice,such as the addition of the supplementary measures of the penalty,the compensation of the victim's loss as the legal sentencing circumstances,the standard of defining the responsibility of the behavior and the economic responsibility,and the improvement of the implementation guarantee measures,etc.