Research On The Application Of Ecological Restoration Measures For Environmental Resource Crimes

Ecological restoration measures are one of the effective ways to restore the ecological environment,which can not only effectively achieve crime prevention,but also benefit the ecological environment law.Based on the analysis of 3721 judgments of ecological restoration measures applied to the crimes of destroying environmental resources protection in five southwest provinces from 2015 to 2019,this paper finds that the current judicial practice of ecological restoration shows that the number of cases applying ecological restoration measures is increasing and the types are relatively concentrated.The ecological restoration measures are mainly behavior and money compensation,and the proportion of criminals pleading guilty and punishing is relatively high,the criminal punishment is mild.The mode of ecological restoration judicial judgment includes "sentencing circumstances","judgment order" and "incidental civil public interest litigation".Although the five southwest provinces have rich judicial experience in ecological restoration,the application rate of ecological restoration measures is low in the criminal judicial practice of the crime of destroying environmental resources protection.In order to comply with the judicial trend of comprehensively carrying out ecological restoration activities,this state should be changed.Therefore,it is necessary to clarify the practical problems faced by ecological restoration measures,such as the name of the species,the scope of punishment is not unified,the difference from guilty plea and punishment,and the imperfect supervision system.In order to solve the above problems,this paper takes the ecological ethics of sustainable development as the starting point,based on the restorative justice and utilitarian penalty theory,and on the basis of establishing ecological restoration measures as the legal sentencing plot,makes a response to the path of ecological restoration measures as the legal sentencing plot from the two normative levels of entity and procedure.At the same time,on the premise of clarifying the difference between ecological restoration measures and confession of guilt and punishment,the paper constructs a hierarchical sentencing system of ecological restoration measures,and uses the economic principle of diminishing marginal technology substitution rate to guide the court to give reasonable punishment to criminals according to the different circumstances of the actor's ecological restoration obligations in different stages of criminal proceedings.Finally,from the establishment of public welfare foundation and clear supervision subject of ecological restoration measures,in order to coordinate the cooperation between environmental administrative departments and judicial organs,this paper gives reasonable suggestions on the supervision system of ecological restoration measures,which will actively promote the judicial application of ecological restoration measures and contribute to the restoration and protection of ecological environment.