Research On The Application Of Restorative Justice Mechanism In Criminal Cases Of Damaging Environmental Resources In China

The substantive reform of criminal trial in China requires that the trial center should be authoritative,the trial procedure should be legitimate,and the hearings should be present.Promoting the substantive reform of court trial is conducive to safeguarding the defendant’s right of action,realizing human rights,establishing the principle of evidence adjudication,realizing judicial justice,promoting the open trial and improving judicial credibility.However,in the current judicial practice of substantive trial of criminal cases in China,there exist such problems as inactive witness appearing in court,low rate of expert appearing in court,difficult application of supervisors in court,confusion and dislocation of the role of pre-trial meeting and trial practice,difficult confrontation between the prosecution and the defense in court,and practical dilemma of poor cross-examination effect in court.The main reasons for the above problems are that the concept of substantive trial has not been formally established,the reality of full coverage of defense lawyers is in sufficient,the supporting system of pre-trial meetings is not perfect,and the cross-examination mechanism is not scientific.By referring to the United States "project office" system,the cross examination system of witness trials,the pretrial motion evidence exclusion system,the German court trial rotation system and the pretrial evidence exclusion system,the Japanese court witnesses court trial system,the simplified triage system and the duty lawyer service plan system.Judicial practice experience holds that the protection of witnesses and strong compensation should be emphasized to improve the effectiveness of appearing in court,the defense force should be strengthened through the professional and systematic construction of the defense team,the role of the pre-court meeting should be enhanced by strengthening the independence and clear effectiveness of the pre-court meeting,and the efficiency of the cross-examination mechanism should be enhanced through scientific norms.Finally,the author proposes to promote the enthusiasm of witness appearing in court by defining the responsibility of witness protection,establishing a special fund for witness testimony,improving the defense force by professionalizing the management of lawyers on duty,diversifying the legal aid lawyers and rationalizing the resources of defense lawyers,and strengthening cooperation by establishing a complicated and simplified green supporting system to provide basic guarantee for the substantive trial and clarifying the pre-trial meeting.The effectiveness of the discussion can be effectively disting uished from the court trial,the system of excluding illegal evidence can be clearly defined,the system of dispensing supervisors can be improved,the system of demonstrating evidence in batches can be established,the system of independent expert testimony can be constructed,and the confrontation of witness testimony mechanism can be strengthened so as to improve the effect of cross-examination in court trial and make the substantive reform of court trial effective.