The Dilemma And Improvement Path Of Ecological Restoration Responsibility In The Practice Of Environmental Criminal Justice

Because of the rapid economic development,the problem of environment has become more and more serious,and more and more attention is paid to the construction of ecological civilization.In the past,the judicial relief always focused on the personal and property damage of specific subjects caused by environmental damage,and usually ignored the damage to the environment itself.The continuous damage of the environment not only causes continuous damage to the victims,but also causes irreversible damage to the environment.Therefore,the responsibility of ecological restoration is introduced.In recent years,with the introduction of "restorative justice",the form of legal relief of ecological restoration has gradually entered the scope of judicial judgment.In recent years,ecological restoration has developed rapidly in the practice of environmental justice,and courts around the world have actively explored a series of innovative judicial mechanisms of ecological restoration responsibility.The responsibility of ecological restoration is widely used in environmental criminal cases.Now it has a trend to expand to civil and administrative cases.However,the system has not been established,and the judicature has taken the lead.A series of problems have arisen in the practice of environmental criminal justice in various places,such as the lack of legal basis,the unclear restoration objectives and cases,the unscientific way of responsibility performance,the responsibility of supervision and acceptance in the process of responsibility realization There is still a lot of room for discussion in terms of lack of clarity.Based on the case analysis and the current situation,this paper puts forward some suggestions on the difficulties in the realization of ecological restoration responsibility,so as to promote the orderly application of ecological restoration responsibility in judicial practice.The article is divided into four parts:The first part: first of all,it reviews the position of ecological restoration as restorative justice in environmental criminal justice through data analysis.Secondly,it defines the concept of ecological restoration,which is different from ecological restoration and environmental restoration,and has different legal connotations.Secondly,it introduces the application of ecological restoration responsibility in environmental criminal cases.Finally,after a comprehensive analysis of the case,the author summarizes the following three characteristics of the criminal justice of ecological restoration: one is the light reprieve of punishment,the other is flexibility,and the third is public welfare.The second part: Based on the analysis of the environmental cases in the criminal justice of three provinces,we have a comprehensive understanding of the application of ecological restoration responsibility.It mainly includes the summary of cases,the legal basis for the use of ecological restoration responsibility,the determination of ecological restoration standards and schemes in practice,the way to fulfill the ecological restoration responsibility in practice,and the supervision and acceptance in the realization of ecological restoration responsibility in practice.It also analyzes the dilemma of the realization of ecological restoration responsibility in environmental criminal justice practice.Firstly,the application of ecological restoration responsibility is lack of clear legal basis,which is the biggest obstacle in the current ecological restoration judicial practice.Secondly,in practice,the goal of ecological restoration often focuses on the value of ecological restoration,and the standard of compensation is the damage caused by the parties However,little attention has been paid to the damage caused by the integrity and function of the ecological environment.At the same time,there is no clear ecological restoration plan to guide the subsequent ecological restoration work when the ecological restoration judgment is made,which makes the restoration work lack of guidance.Moreover,there are two main ways to fulfill the responsibility of ecological restoration in practice,namely,behavioral responsibility and monetary responsibility.The lack of standardization in the application of the two responsibilities has brought many obstacles to the ecological restoration work.Finally,the realization of ecological restoration responsibility in environmental criminal justice needs supervision and acceptance.Due to the differences between the ecological restoration judgment and the general criminal judgment,the process should be supervised,and the results should also be accepted by professional institutions.Due to the lack of this part,the effect of ecological restoration will be greatly reduced.The third part: it mainly talks about the path of the realization of ecological restoration responsibility in environmental criminal justice.First of all,ecological restoration should be defined as a non penalty measure and sentencing circumstances in criminal law.Secondly,the goal and plan of ecological restoration should be made clear.There are three factors that affect the goal of ecological restoration: the existing technology of environmental pollution control,the subsequent use of the damaged area,and the demands of the people in the restoration area.In addition,the judgment document must be attached with a scientific restoration scheme to guide the work of each relevant subject,and the scheme must be evaluated by a professional evaluationagency entrusted by the court.In addition,due to the complexity of ecological restoration and the progress of science and technology,the restoration scheme should also establish a modification and change mechanism to achieve the best restoration results.In the case of compensatory rehabilitation,the right of recovery for the difference shall also be reserved,and the claim shall be made to the responsible person according to the actual expenses incurred.Moreover,we need to improve the application of ecological restoration responsibility.The performance of ecological restoration can be divided into three types: direct restoration,alternative restoration and compensatory restoration.The judge can decide by himself according to the status of the damaged environment,the degree of environmental damage,the requirements of the victims,the criminal’s willingness to choose,the criminal’s ability to pay,and the amount of work required for restoration.Finally,we should make clear the responsibility of supervision and acceptance in the realization of ecological restoration,the procuratorial organ should take the role of supervision in the process of ecological restoration;the administrative organ of environmental protection and the entrusted third-party organ should take the responsibility of acceptance,but the court still decides whether the restoration work is completed or not.The fourth part: mainly talks about the matching system which can be connected in the process of environmental criminal justice.The first is public participation.The publicity of ecological environment determines that public participation is essential in this process.In the process of ecological restoration,the formulation,determination and implementation of ecological restoration schemes need to be made public.The second is the ecological restoration deposit system,which aims to restrict the parties to fulfill the ecological restoration responsibility as required.Finally,the special fund system of ecological restoration is established to help the ecological restoration work.