Research On The Application Of Restorative Justice In The Field Of Environmental Resource Crimes ——Based On The Analysis Of 239 Sample Of Criminal Judgments

In recent years,ecological resource destruction accidents have occurred frequently,and the status of our environment is gradually deteriorating.In order to reverse the deteriorating environmental situation,the construction of ecological civilization has become one of the important topics of national reform.Courts across the country have successively carried out a number of active explorations around the construction of ecological civilization,the most effective of which is the introduction of restorative justice into the field of environmental and resource crimes and integration into the judicial foundation.The particularity of environmental and resource crimes makes the traditional criminal law focus on the protection of ecological interests,while the concept of "restoration" in restorative justice meets the reform requirements for solving environmental and resource crimes.The introduction of restorative justice into the field of environmental and resource crimes has achieved good results in practice,but it has not been clearly confirmed by legislation for a long time,which makes restorative justice stop at the local practice level and lack standardized guidance nationwide.This paper starts with the legal analysis of the application of restorative justice in the field of environmental and resource crimes,sorts out the basic concepts of restorative justice,clarifies the value,function and characteristics of restorative justice,and provides suggestions for the legitimacy and feasibility of restorative justice in this field.Justified.Based on 239 samples of judgment documents in Gansu Province,this paper uses the method of empirical analysis to summarize the current status and dilemma of the application of restorative justice in judicial practice in Gansu Province.It is found that the lack of legal basis leads to irregular application at the practical level.The development of restorative justice is hindered by the imperfect enforcement system of fines and punishments,the vagueness and low application rate of restorative measures,the low application rate of mediation and restoration,the chaotic behavior of economic restoration,and the imperfect linkage mechanism between departments.Based on this,combined with the theoretical research and practical conclusions formed above,it is proposed from the two aspects of updating traditional criminal justice concepts and solving applicable problems that the legal nature of restorative measures should be clearly defined as non-penalty punishment methods,and from the realization of the increase and expansion of the number of ecological and environmental cases The application methods of natural resource crimes are to broaden its scope of application,expand its application conditions to consequential crimes and dangerous crimes,expand its application stage to the whole process of judicial trials,confirm through legislation,clarify the formulation and implementation subjects of environmental restoration plans,and optimize the way to close cases.The enforcement system of fines and punishments is different,standardizing the application standards of environmental restoration funds and using the court as the management organ,increasing the application ratio of mediation restoration,standardizing the mediation agreement announcement and mediation document disclosure system,and implementing the five institutional mechanisms for the connection of departments,with a view to the future of restorative justice.Standardized legal system construction provides useful assistance.