Research On Ecological Restorative Judicial Practice Of Procuratorial Organs

Unified model of traditional criminal justice by penalty crime control,accurate reasonable criterions for the conviction to make up for the loss of the victim,not the focus placed on the restoration of the ecological environment,can not effectively cope with the present situation of the environmental problems,in this background,ecological restorative justice came into being,through ecological restoration agreement,the following can be targeted to repair the damaged the environment,The victim can also participate in the process of making the restoration plan,which strengthens the concept of ecological restoration on both sides and has been widely used in environmental crimes.As the first ecological civilization pilot area,Fujian province’s procuratorial organs took the lead in exploring the trinity ecological procuratorial model of "professional legal supervision + restorative judicial practice +socialized comprehensive management",of which restorative judicial practice is an important part.From 2016 to 2020,the ecological restorative judicial mechanism will be established as a phased achievement.The changes in the procuratorial documents can reflect the practice of procuratorial organs.In Fujian province in 2016-2020 not to prosecute decision with the complaint as samples,the selection of a breach of the environment and resources protection section applies ecological restorative justice case,analysis of ecological restoration measures taken by the actor,the ecological restoration of agreement,the procuratorial organs on the ecological restorative justice from the model,applicable legal basis,can be found,The application of the ecological restoration measures is not on the premise of ecological restoration agreement,the procuratorial organs in different stages(commitment to implementation,implementation,has been in place),different types of ecological restoration measures(direct,alternative,compensatory)from amplitude and no obvious distinguish,and the ecological restorative justice legal basis is more from belongs to a plea forfeit their terms,relative not to Sue,Did not obtain independent leniency status.As a kind of "practice in advance in the theory of" ecological procuratorial mode,the procuratorial organs ecological restorative justice practice in theoretical ecological law undersupply of restorative justice,and ecological restoration measures nature of unknown problems,exists in the practice of ecological restoration measures applicable order at random,no guarantee,ecological restoration agreement fulfillment situation different ecological restoration plot from a range of problems.As legal supervision and public interest representative,procuratorial organs need to supervise the implementation of ecological restoration obligations and the usage of ecological restoration of gold,and make sure the application from and ecological restorative justice of sentencing from mechanism can implement,ecological damage can be repaired in the environment crime,therefore,need to perfect the law of ecological restorative justice supply in theory,To clarify the criminal law nature of ecological restoration measures,clarify the application level of ecological restoration measures in practice,strengthen procedural constraints by using conditional non-prosecution,and establish the system of classification and classification of ecological restoration cases,so as to clarify the criminal law positioning of ecological restoration judicial mechanism and standardize the operation of ecological prosecution.