Study On The Judicial Application Of Ecological Restoration In Environmental Crimes

With the continuous development of ecological civilization construction in China,environmental problems in the judicial field have been gradually paid attention to.In the practice of criminal justice,environmental crimes occur frequently.It is not only an urgent need to introduce ecological restoration into the criminal justice field,but also the direction of China’s current judicial policy.In this context,it is of great social value and practical significance to explore the judicial application of ecological restoration in the field of environmental crime in China.This paper analyzes the application status of ecological restoration in practice from the judgment documents of environmental crimes,and realizes that in recent years,the rate of adjudication of ecological restoration is obvious,and the restoration measures are flexible and diverse,and ecological restoration has become an important basis for lenient treatment in criminal law.Then the paper pointed out the problems in the application of ecological restoration,such as the disunity of the case judgment standards and the excessive expansion of monetary restoration measures,and analyzed the reasons.In order to change the applicable dilemma in the judicial practice of environmental crimes,the paper puts forward the perfect path of clarifying the criminal law orientation of ecological restoration,perfecting the normative basis of criminal law for the application of ecological restoration,and establishing and perfecting the judicial guarantee mechanism of ecological restoration.In order to better highlight the concept of restorative justice,give full play to the important role of justice in regulating environmental crimes and protecting the ecological environment.In addition to the introduction,the paper is mainly expanded by three parts,the specific content is as follows:The first part is mainly to sort out the status quo and problems of judicial application of ecological restoration in environmental crimes.Based on the case documents in "China Judicial Documents Network" as samples,using quantitative analysis method,from the perspective of the number of cases,specific charges,types of restoration measures and the relationship between ecological restoration and case conviction and sentencing,It is concluded that the number of environmental crime cases applicable to ecological restoration is increasing significantly,the charges are concentrated,the restoration measures are diverse and the application methods are diverse,and the judges have a large discretionary space.Moreover,there are some problems in such cases,such as different judgment standards,excessive application of specific types of restoration measures,and unclear restoration objectives.The second part mainly analyzes and explores the reasons for the problems existing in the judicial application of ecological restoration.Through further analysis of the judgment documents,the causes behind the plight of environmental restoration application are explored from the theoretical,legislative and judicial levels,and three major reasons are put forward:the controversial qualitative nature of the criminal law for ecological restoration,the lack of a clear basis of criminal law norms for the application of ecological restoration,and the imperfect judicial guarantee mechanism.The third part puts forward reasonable suggestions on the judicial application of ecological restoration.The criminal law orientation of ecological restoration is clarified,and the principle of voluntary restoration is taken as the principle of voluntary restoration.The ecological restoration is considered as a discretionary sentencing circumstance when the actor takes the initiative to repair the environment,and it is defined as a non-penalty measure when the court requires the actor to repair the ecology.And at the legislative level to improve the ecological restoration of criminal legal norm,to establish and improve the judicial safeguard mechanism in the judicial level,strengthen coordination and cooperation between different departments,improve the system of oversight of ecological restoration,to the largest extent in the field of criminal justice play to the role of the ecological restoration,to achieve the ultimate goal of protecting ecological environment.