Research On The Application Of Restorative Justice In Environmental Crimes

Restorative justice is a new system with the goal of repairing the damage and the damaged social relations.Restoration is the unique value and function of restorative justice.The value of ecological ethics and the concept of modern criminal justice provide the possibility for the application of restorative justice in ecological environmental crime cases.Chinese traditional culture is the cultural basis for the application of restorative justice in our country.The malpractice of the application of traditional retribution justice and the particularity of ecological environmental crimes are the social realistic conditions for the application of restorative justice in our country.Through the investigation of the legislation and judicial practice of restorative justice in our country,it is shown that the legal basis of the application of restorative justice is insufficient,the legal nature and the scope of application are unclear.Although judicial practice has made many innovations in restorative justice,there are some problems in the application of restorative justice in the process of ecological environmental damage repair,such as insufficient appraisal institutions,inconsistent appraisal standards,irregular criminal reconciliation procedures and imperfect supervision and relief mechanism.It is the basis and guarantee for the application of restorative justice to perfect the legal provisions of restorative justice,clarify the scope of application,standardize the criminal reconciliation procedure,perfect the judicial identification mechanism of ecological and environmental damage and perfect the supervision and relief guarantee system.