Standardization Of The Way To Realise Environmental Criminal Responsibility

The development of economy is accompanied by the improvement of people’s requirements for the quality of life.At present,the relationship between economic development and environmental protection is increasingly tense.Driven by interests,some people or groups will damage the environment regardless of the consequences.Relying on civil and administrative regulations can no longer effectively curb the high incidence of environmental damage.However,nowadays,China’s environmental crimes have various forms,and the implementation of environmental criminal responsibility has exposed non-standard and incomplete phenomena in the application,which leads to the failure of the effective recovery of the environment and the effective play of the normative role and social role of the law.Therefore,it is the general trend to standardize the way to realize environmental criminal responsibility.The realization of environmental criminal responsibility can be divided into penalty mode and non-penalty mode,but the mode of "freedom penalty + fine penalty" is dominant in the way of realizing environmental criminal responsibility.With the increasingly prominent environmental problems,various countries have gradually attached importance to environmental crimes,fine penalty has gradually replaced freedom penalty and expanded the scope of application,and the corresponding qualification penalty has gradually been introduced into the legal system of environmental criminal responsibility.Moreover,non-criminal measures are also applied in environmental crimes.Russia,Germany,the United States,Japan,the United Kingdom and the European Union and other countries and regions on environmental criminal crime regulation research and legislation,judicial practice is relatively perfect,the realization of environmental criminal responsibility has the characteristics of diversity,the use of non-criminal measures is also relatively more.However,there is still room for improvement in the punishment of environmental criminal responsibility in China.The problem of the idleness of non-penalty measures and the single setting of penal measures has made China’s punishment for environmental crimes in judicial practice bound.Judicial and administrative lack of linkage,hindering environmental governance work;The absence of a system for restoring the environment has led to the unrecoverable destruction of much of the environment.First,It is necessary to change the traditional anthropocentrism idea,standardize the applicable mechanism of fine penalty and introduce the daily fine system to standardize the way to realize environmental criminal responsibility.Second,to regulate the application of qualification punishment,the occupation prohibition is introduced into the qualification punishment,and different qualification punishment is applied in different fields of environmental crime,so as to prevent the possibility of reoffending by the offender.Third,the introduction of restorative justice into environmental criminal responsibility makes the restoration of ecological environment become the main focus of judicial practice.The damage relief mechanism centering on the restoration of ecological environment should be standardized to restore the ecological environment as much as possible.