Research On The Application Of Restorative Auxiliary Measures In Environmental Criminal Justice

With the deepening of ecological civilization construction in China,the value of ecological environment becomes more and more prominent.Eco-environmental crimes not only infringe on the personal rights and property rights of citizens,but also cause damage to the public interests of the environment.How to prevent and repair the ecological environment through criminal law,and realize both the punishment of crime and the restoration of the ecological environment,is a major task facing the current environmental criminal justice reform.Traditional criminal justice only focuses on the punishment of criminals,ignoring the relief of victims,environment "itself" and even ecological legal interests.Even if the most severe criminal punishment is adopted,it is impossible to eliminate the damage caused by environmental crimes to the ecological environment fundamentally.Restorative auxiliary measures are non-penal measures taken by the criminal to repair the damaged ecological environment and ecological legal interests after discussion with the victim,other individuals and communities affected by the crime through the judgment of the people’s court or with the help of the mediator.Restorative auxiliary measures are a way to realize criminal responsibility,to make up for the insufficient function of single penalty in criminal justice,with supplementary and supplementary penalties,aimed at repairing the damaged ecological environment,auxiliary environmental penalties to control ecological environmental crimes,is the embodiment of the concept of restorative justice and the manifestation of environmental value.In recent years,with the development of the specialization of environmental justice and the concept of restorative justice,more and more restorative auxiliary measures have been applied to the practice of environmental criminal justice,which has great practical significance for preventing and punishing ecological environmental crimes,repairing social relations and making up for the deficiency of China’s environmental penalty system.Based on the theory of environmental criminal law and criminal judicial practice,the current article studied the applicable of the environment criminal judicial restorative auxiliary measures in our country using legal hermeneutics research method,comparative analysis method,literature research method,case analysis method based on the previous research results.The thesis is divided into introduction,text and conclusion.The text consists of five parts,the main content is as follows:Chapter Ⅰ gives an overview of restorative auxiliary measures,including the concept,nature and characteristics of restorative auxiliary measures,the relationship between restorative auxiliary measures and restorative justice,and the types of restorative auxiliary measures.Chapter Ⅱ introduces the theoretical basis of restorative auxiliary measures,from the following aspects: restorative auxiliary measures are conducive to the comprehensive repair of damage consequences,make up for the shortcomings of traditional criminal justice in punishing eco-environmental crimes,and help to improve the efficiency of environmental criminal justice.In addition,the necessity and feasibility of restorative auxiliary measures are studied from the aspects that restorative auxiliary measures are in line with the strategy of building ecological civilization,in line with the purpose of criminal justice,and beneficial exploration and practice of various courts.Chapter Ⅲ mainly analyzes the legal basis of the application of restorative auxiliary measures,and tries to find out the dilemma of the application of restorative auxiliary measures and analyze the causes of the problem combined with the practice status of restorative auxiliary measures in China.Chapter Ⅳ introduces the overseas legislative and judicial investigation of restorative auxiliary measures,analyzes the application of foreign restorative auxiliary measures in the punishment of ecological environment crimes,and puts forward some reference for China.Chapter Ⅴ gives suggestions toward the implementation of restorative auxiliary measures based on the present situation and the applicable to additional corrective measures system from improvement of the legislation about restorative auxiliary measures,expansion of the application scope of restorative auxiliary measures,establishment of restorative auxiliary measures and restorative standards,coordination between remedial auxiliary measures and the application of penalty,strengthen the supervision and management of restorative auxiliary measures and establishment of supporting mechanism of restorative auxiliary measures.