Application Of Restorability In Punishment Of Environmental Crimes Judicial Study

In recent years,protecting the environment and improving the ecology have become the focus of people's attention.Punishment of ecological environment crime is an effective means to maintain the ecological environment.The ultimate goal of punishment of ecological environment crime is to ensure the restoration of the ecological environment,punish the environmental offenders,and ensure that the legal interests of the public are effectively protected.However,in the traditional concept of criminal justice in our country,penalty is reflected in the characteristics of retribution,which is just punishment for punishment's sake,and insufficient attention is paid to the restoration of legal interests,which ultimately makes the punishment of ecological environmental crimes unable to fundamentally protect the ecological environment.In the process of reconsidering the traditional criminal justice,restorative justice has been formed.Restorative justice refers to a judicial trial in which the court may consider a lighter sentence for a criminal act committed by an actor on the basis that the actor has voluntarily entered into an agreement to repair the environment or has agreed to pay the money required for the repair of the environment.And retribution justice,restorative justice stressed by means of multivariate,peaceful means to solve the problem,and as much as possible to transfer the multiple subjects involved in the problem solving,think is the most fundamental purpose of punishment in order to restore,can make criminal initiative to take responsibility,based on the criminal again toward the direction of social development,the ecological environment to meet the current criminal punishment after the implementation of a variety of legal interests to restore basic requirements.It is necessary and feasible to apply restorative justice in ecological environment crime according to the characteristics of ecological environment crime and the demand of punishment.At present,in the environment crime punishment,on the application of the restorative justice is involved in legislation in our country,in general,restorative justice in the environment crime punishment applicable has achieved initial results,and the effect is good,but should also see,the good results have been obtained at the same time,also faces some problems,one is the lack of direct legal basis,namely criminal which restore environmental measures shall be taken,"criminal law",there is no specific provision,there is a certain level of environmental criminal punishment shall be governed by the laws of restorative justice has brought certain obstacles.Second,the policy of "tempering justice with mercy" is not accurate enough;Third,there is a lack of specific application norms,and fourth,there is no comprehensive supervision and evaluation mechanism.In order to better apply restorative justice,we should strengthen the concept of applying restorative justice in the punishment of environmental crimes,further improve various mechanisms and systems in cases related to ecological environment damage,ensure the effective implementation of restorative justice,and make restorative justice play its role in the punishment of ecological environment crimes.Therefore,the scope of application of restorative justice in the punishment of environmental crimes should be expanded.In order to solve the problem that there is no direct legal basis for the application of restorative justice,the environmental remediation measures should be stipulated in the amendment of criminal law.At the same time,a dialogue and consultation mechanism should be set up under different participants.Prescribing the initiation procedures for restorative justice;Strengthening the supervision and guarantee of environmental restorative justice.