On The Improvement Of Environmental Criminal Incidental Civil Public Interest Litigation From The Perspective Of Restorative Justice

Under the advocacy of the concept of ecological civilization,the restoration of ecological environment has become a way to relieve the damaged environmental public welfare in China.In the Chapter of Tort Liability in the Civil Code revised in 2020,ecological restoration liability was officially included in it,which means that ecological restoration liability has become the scope of civil liability.In the traditional environmental criminal justice,the punishment of environmental crimes often lies in the relatively severe punishment to the culprit,which is represented by the high fines and the fixed-term imprisonment of restricting personal freedom.Although the culprit were effectively punished,the damaged environment has not been restored.In recent years,with the development of environmental justice concept and environmental court,more and more environmental restorative measures have been used in environ mental criminal justice.Different from traditional criminal justice,restorative justice mainly emphasizes making the perpetrator aware of the damage to the environment caused by their own behavior,and urging them to take the initiative to undertake the responsibility of ecological restoration,so as to achieve the unity of punishing crimes and restoring the environment,and effectively protect the interests of environmental law,which is in line with the connotation of ecological civilization construction.Although there have been many judicial practices in prosecuting environmental public interest litigation,for the unique system of criminal incidental civil public interest litigation,due to the lack of uniform legal provisions,there are different cases in judicial practice in different places.The restoration justice in the traditional criminal crime is transformed into the ecological restoration justice in the current environmental crime,which is mainly reflected in the change of the role of the victim,the turn of the social relations destroyed by the perpetrator and the turn of the ecolog ical responsibility.Mainly in the perspective of the restorative justice,this paper combined with the examples in the judicial practice,through normative analysis,empirical research,comparative research methods such as criminal incidental civil environmental public interest litigation in practice problems,mainly concentrated in the value orientation of criminal incidental civil environmental public interest litigation,the function and responsibility,and puts forward corresponding Suggestions,beneficial to the judicial organs in the future practice effectively maintain environmental public interests,but also to restore damaged in the environmentcrime from person to person,the relationship between human and nature.