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Research On The Application Of Restorative Justice In Punishing The Crime Of Ecological Environment

Posted on:2020-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ChenFull Text:PDF
GTID:2416330575462170Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,eco-environmental crime has become more and more frequent,and the punishment of eco-environmental crime has been paid more and more attention.The punishment of ecological environmental crime is an important means of protecting and maintaining the ecological environment in criminal law.The purpose of the punishment of ecological environmental crime is to punish the criminal and restore the damaged ecological environment,emotion,social relations and other legal interests.However,the retributive penalty view of the traditional criminal justice concept imposes punishment for the purpose of punishment,neglecting the essence of repairing many kinds of legal interests after ecological environmental crime,which makes the purpose of punishing ecological environmental crime and protecting ecological environment frustrated by criminal law.Restorative Justice comes from reflection on traditional Criminal Justice Advocating the adoption of diversified and peaceful problem-solving methods,mobilizing multi-party participation in solving problems,emphasizing the imposition of penalties for recovery,paying attention to the criminal's active responsibility,and realizing the re-socialization of offenders based on the perpetrators,Can meet the ecological environmental crime after the urgent need to restore a variety of legal interests.In this paper,the application of restorative justice in the punishment of ecological environmental crime as the research object,on the basis of evaluating and introducing restorative justice,summarizing and analyzing the ecological environmental crime,By demonstrating the application basis and value of restorative justice in the punishment of ecological environmental crime,and studying the practice and deficiency of restorative justice in punishing ecological environmental crime in China,some relevant suggestions are put forward.Such as perfecting the legal system of restorative justice in the punishment of ecological environmental crime,perfecting the judicial identification of ecological environmental damage,dialogue mechanism,supervision mechanism and other related systems.So as to make up for the deficiency and defect of traditional criminal justice in punishing eco-environmental crime.Through the research on the application of restorative justice in the punishment of ecological environmental crime,this paper provides help for solving the problems related to the punishment of ecological environmental crime in the future.
Keywords/Search Tags:Restorative justice, Eco-environmental crime, Ways of assuming restorative responsibility, Restoration of ecological environment
PDF Full Text Request
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