Research On Restorative Justice Of Ecological Environment Crime

Since the 18 th National Congress of the Communist Party of China,China has made unprecedented efforts to promote the construction of ecological civilization and achieved remarkable results.However,there still remain problems in the field of ecological environment,which are outstanding.Therefore,it is quite necessary and urgent to strengthen the protection of criminal law for the benefit of ecological environment.The traditional judicature pattern in our country pays attention to the national interests rather than personal interests.It prefers the punishment function and neglects the repair function.The criminals are sentenced to punishment after destroying the ecological environment,but the damaged ecological environment has not been repaired in time.Restorative justice of ecological environment crime is the correction of traditional retaliatory justice.Some places have achieved good results in implementation,but faced with legal difficulties and many practical challenges,so it has not yet risen to the level of legal governance,source governance,system governance,and comprehensive governance.It is imperative to stand on the basis of comprehensively implement the rule of law,promoting the modernization of the national governance system and governance capacity,and in-depth study of the perfect way of restorative justice for ecological environment crimes.This paper studying the restorative justice of ecological environment crime is mainly divided into three parts.The first part analyzes the basic concept of restorative justice of ecological environment crime.This section explores four aspects.First,the basic theory of restorative justice is mentioned,including the concept,characteristics,values,functions,objects and forms of responsibility of restorative justice.Restorative justice with recovery as the core goal,guided by the interests of victims,with reconciliation and mediation as an important means,with compensation,apology,community service as the form of responsibility,maximally restore the offender's self-esteem,restore the relationship between the victim and the offender,and restore social relationship.Second,the origin of restorative justice is talked about,including the origin and development of restorative justice.Restorative justice originated in the western countries in the 1970 s and was highly praised by international organizations and gradually became the mainstream of criminal justice in Western countries.Third,the necessity of restorative justice for ecological environment crimes is discussed.Restorative justice is conducive to protecting the legal benefits of the ecological environment and making up for the lack of traditional justice,as well as the prevention of ecological environmental crimes,with the implementation of a wide system of confession and punishment,and the saving of judicial resources.Fourth,the feasibility of restorative justice for ecological environment crimes is analyzed.Restorative justice meets the requirements of ecological civilization construction,meets the relevant legislative objectives,conforms to the principle of criminal law and moderation,achieved the goal of building a harmonious society,and accord with the relevant system design.The second part combs the predicament challenge of restorative justice of ecological environment crime.This section explores three aspects.First,the practical exploration of restorative justice of ecological environment crime in China is discussed.Under the background of promoting the construction of ecological civilization,the local judicial organs actively explored the use of restorative justice concepts to handle ecological environmental crime cases and achieved good results.Second,the legal dilemma of restorative justice for ecological environment crimes in China is mentioned.In the case of ecological and environmental crimes,restorative justice is applied.At present,the legal basis is not clear,the scope of application is not broad,and the compensation standards are not uniform.Third,the practical challenges of restorative justice for ecological environment crimes in China are talked about.The judiciary in our country has long held the notion of combating light protection,lightly punishing and restoring,restoring the original form and replacing it,and affecting the development of restorative justice.The imperfect judicial appraisal and the incomplete restoration of the ecological environment are difficult problems for restorative justice.For the restoration of ecological overall planning in various places,for example,the late supervision is weak,the effective supervision is lacking,and the ecological environment recovery effect is affected.The third part puts forward the perfect way of restorative justice of ecological environment crime.This section explores seven aspects.First,the focus on promoting the construction of ecological civilization to amend the criminal law is mentioned.In the amendment of the Criminal Law,the "repair of the ecological environment" is added as an additional penalty,non-penalty punishment or a wide-ranging punishment,and the crime system for crimes of ecological environment and fines are fined.Second,the criminal procedure law was amended based on the ecological restoration of justice.The case of ecological environmental crimes shall be included in the scope of conditional non-prosecution cases and included in the scope of public prosecution cases resolved by the parties.Third,the improvement of the connection mechanism between criminal justice and administrative law enforcement is talked about,including the improvement of the clue transfer mechanism,the filing jurisdiction mechanism,the investigation and evidence collection mechanism,the daily contact mechanism,the division of labor responsibility mechanism,and the ecological compensation mechanism.Fourth,the exploration of the implementation of a diversified ecological environment restoration mechanism is discussed,including the restoration of ecological environment service functions,payment of compensation for ecological environmental damage,replacement of performance and government repair.Fifth,the standardization of ecologically-accepted judicial criminal incidental civil litigation is analyzed,including the determination of the claimant,the determination of the responsible party,and the determination of the scope of compensation.Sixth,the improvement of the level of handling crimes in ecological environment is focused,namely the standardization of the judicial appraisal of ecological environment damage,the establishment of a talent pool of ecological environment experts,and strengthening of the professional construction of the judicial team.Seventh,the improvement of the restorative judicial guarantee mechanism for ecological environment crimes is paid attention to,like the formulation and implementation of overall restoration planning,the formulation of unified ecological restoration standards,the improvement of community correction systems,the full use of the role of people's mediation,the establishment of a replanting and re-greening base as well as an environmental public welfare fund.