Research On The Application Of Ecological Restorative Justice

Environmental crime,as a special type of crime,not only infringes on human rights and interests,but also causes irreparable damage to ecological environment.However,standing at the penalty system of environmental crime in China’s criminal law,it can not meet the requirements of ecological environment protection.Ecological restorative justice can meet the needs of the current governance in environmental crime cases,and plays a role in the protection of the living environment that the traditional criminal justice can not possess,which suits the new situation of the current regulation in environmental crime.Ecological restorative justice focuses on the restoration of damaged ecological environment and social relations,which conforms to the policy requirements of ecological civilization construction,and meets the ethical value of environmental criminal responsibility and conforms to the value trend of environmental criminal policy.The first exploration of ecological restorative justice originated from the court of Zherong Court,and explored the trial mode of "replanting and reforestation".At present,the place,which the judicial practice of ecological restoration of replanting and reforestation,is based on some normative documents issued by the local government.From the current law of our country,there is no clear legal basis,which leads to the indeterminacy about the legal nature of ecological restorative justice.The empirical study shows that as playing its advantages,the ecological restorative justice has faced with qualitative disputes caused by the absence of law,the ambiguity of application principle,the vagueness of scope and stage application,the incomplete of the implementation supervision mechanism,and the difficulty connection with environmental administrative law enforcement,In order to give full play to the advantages of ecological restorative justice and build a perfect ecological restorative justice system,it is clear that we should clarify the legislative concept of ecological restorative justice,the legal interests of environmental crime and improve the relevant legislation,establish the principles of voluntary participation,equal consultation and judicial confirmation,clarify the scope of application,enrich the application methods,and clarify the application stage,and establish a sound ecological restorative justice system.