| In the traditional judicial practice of our country,the punishment of the environmental resources crime pays more attention to the punishment of the offender,but ignores the urgent reality that the environmental resources need to be repaired after damage.In the existing penalty style,the judicial intervention makes the perpetrators get due legal sanctions,but can not repair the damaged resources and environment in time.For a long time,although China has paid great efforts and costs in fighting against environmental resource crimes,the damage to environmental resources has not been fundamentally improved.After searching the environmental resources crime cases in Chongqing from 2015 to 2018 published on the China Judgements Online and the No Suit Net,and summarized the general Mode of Liabilities for such cases.At the same time,the sentencing results of the crime of illegal fishing of aquatic products in Chongqing from 2014 to 2018 were counted.Meanwhile,the sentencing results of the crime of illegal fishing of aquatic products in Chongqing from 2014 to 2018 were counted.The analysis of such crime judgment often present a predominantly of short-term freedom penalty,the problem of high rate of probation for judicial sentencing characteristics.The cost of Environmental resources crime often is lower than the benefits gained by enterprise or individual by illegal means to get resources,and it fundamentally led to the increase in the number of criminal cases,and it also shows in the environment after the only emphasize on the victim in the criminal judicial punishment,which is mainly composed of short-term freedom penalty and the traditional judgment method is difficult to achieve the purpose of prevention of crime,repair the damaged legal interests.Based on the above reasons,it believes that while constantly improving the environmental criminal justice model,it is necessary to explore a new mode of responsibility to adapt to the changing judicial environment.As one of the important supplementary modes to the traditional criminal justice,the core of restorative justice lies in the restoration.Restorative justice is different from the traditional way of assuming criminal responsibility.According to the concept of restorative justice,the offender needs to take active measures to repair the damage caused to avoid the realistic dilemma of one fine or one compensation.In combination with the reality of the judicial practice of environmental crimes in China,taking active measures to repair the damaged environment should be considered as a priority factor in dealing with such crimes.Therefore,it is a criminal measure of great practical significance to introduce the idea of restorative justice into the disposal of environmental resource crimes,to prevent the recurrence of crimes while punishing crimes,and to make criminals assume the responsibility of repair,make up for losses and restore the original state.In this paper,the general mode of liability of environmental resource crimes in Chongqing in the last 4 years and the sentencing results of illegal fishing of aquatic products in Chongqing in the last 5 years are systematically analyzed,which is taken as the empirical basis and combined with the actual judicial effect.From the angle of restorative judicial theory,the value of restorative justice applied to this kind of crime is deeply discussed.At the same time,this paper also combines some of the environmental restoration measures adopted in China's judicial practice,trying to build a "restoration mechanism" from the aspects of entities and procedures,so that criminals can more widely and deeply participate in the process of repairing damaged environmental resources.The choice of this topic is to try to find a new responsibility-bearing mechanism based on the improvement of the traditional responsibility-based approach,thus contributing to the promotion of natural resources and the restoration of human-natural relations. |
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