Research On The Application Of Criminal Reconciliation System In Environmental Crime Cases

Nowadays,it is one of the goals of China’s current ecological civilization construction for strengthening judicial governance of environmental crime.However,the traditional crime governance predominantly weighs too much on crackdowns and tends to punish crimes,so that the model of governance ignores the restoration of damaged ecological legal benefits.And that has been unable to keep up with the pace of ecological civilization.In the background of the current leniency and lenient punishment reform system in China,we examine the issue of environmental crime to sense that the "lighter punishment" in the field of environmental crime is spotting more attentions.The academic circles have advocated the application of restorative justice to the field of environmental crime.The criminal reconciliation system includes the balance and restoration of the interests between the parties involved in the multi-party litigation,which reflects the change in the punishment from the heavy punishment to the restoration of the social relationship,and it is consistent with the idea of the environmental crime legislation concept.At the same time,the biggest victim of environmental crimes is the damaged ecological environment besides themselves,it is a new way for solving the ecological crimes that containing the environmental criminals’ repair of damaged ecological environment and compensation to victims into the criminal reconciliation procedure.This thesis intends to explore a reasonable path for the application of criminal reconciliation in environmental crime by combining the institutional value of criminal reconciliation with the actual requirements of environmental crime.The remainder of this thesis is organized four parts as follows:The first part mainly discusses the necessity of applying criminal reconciliation system to environmental crime.Starting from the particularity of environmental crimes,it is clear that the application of criminal reconciliation system for environmental crimes is the demanding based on the alteration of the mode of criminal governance and it responds to the modest nature of criminal law.The second part mainly validates the feasibility of applying criminal reconciliation system to environmental crime.Three aspects have been demonstrated respectively,including the reform trend of confessing and confessing leniency,the basic principles of conforming to criminal law,and the basis of the legal system and judicial practice.The third part focuses on the challenges facing China’s current criminal reconciliation system for environmental crimes.The theoretical challenges contain that disputes over the independent value of ecological legal benefits,difficulties in defining victims of environmental crimes,and violations of the trend of strict liability for environmental crimes;the judicial practice challenges are mainly reflected in the limited scope of the current criminal reconciliation system and the insufficient legal basis for ecological restorative adjudication methods,and the effect of ecological restoration rarely is guaranteed.The fourth part raises a solution to the predicament of applying criminal reconciliation to environmental crimes in China.Aiming at the foregoing theoretical and practical dilemmas,this thesis offers the suggestions made from concept,system and safeguard measures.First,the concept of restorative justice for environmental crimes should be established.This thesis extend three directions including incorporating ecological legal benefits into the scope of criminal protection,improving the legal status of environmental crime victims,and investigating reasonably strict liability to the environmental crime;secondly,some environmental crimes should be covered in the scope of criminal reconciliation,and the applicable system should be comprehensively constructed in terms of applicable crimes,stages,participating subjects,and program design;finally,this thesis put forward suggestions for improving the supervision mechanism and guarantee mechanism of the criminalizing environmental crimes reconciliation system.Among them,the supervision mechanism is constructed from the supervision of the public security judicial organs and the supervision of the parties.The guarantee mechanism is mainly to improve the national compensation mechanism for the victims of environmental crimes and the community correction mechanism for the victims.