Research On Restorative Judicial Application Of Environmental Crime

With the rapid development of the economy,the environmental problems brought along with it are also increasing,the natural environment itself has a certain ability to heal itself,but it is only a drop in the bucket compared with the damage brought by people.Therefore,environmental problems cannot be ignored,and at the same time,environmental crime related issues should also receive more attention,not only on the legal level,but also in practice is an urgent problem to be solved.The core of traditional criminal justice is "punishment," i.e.,punishing the perpetrator of the crime in order to maintain social order.The core of restorative justice is "respect" and "repair",that is,through relatively peaceful means to make the injured party and the aggrieved party to get reconciliation,social relations to be repaired.The special nature of environmental crimes also leads to the existing judicial system can not achieve the purpose of crime prevention and punishment,"a few years after the sentence,the yellow mountain still exists" situation,which is also contrary to the original intent of the law.However,although the application of restorative justice has been developed to a certain extent in practice,there are still many problems that need to be solved.The thesis consists of the following parts: the first part,starting from the background of the study,introduces the concept and application of restorative justice and the current situation of judicial application;the second part,further analyzes the necessity and feasibility of the application of restorative justice for environmental crimes;the third part,through theoretical and practical discussions,finds that the application of restorative justice for environmental crimes still has doubts about the legitimacy of the application of restorative justice,the application procedures In the fourth part,through the theoretical and practical examination of the application of restorative justice in some developed countries,we summarize the experience we can learn from;in the fifth part,taking into account the current situation of judicial application in China,we propose to improve the legal system related to environmental crimes,including the establishment of additional penal auxiliary measures and substantive obligations of community corrections,standardizing the practical procedures of restorative justice,and optimizing the application of restorative justice.The fifth part,taking into account the current situation of judicial application in China,proposes to improve the legal system related to environmental crimes.In order to make the relationship between human and nature more harmonious and stable.