Application Of Restorative Justice In The Field Of Environmental Crimes

Restorative justice is a new model of justice developed on the basis of traditional justice,which has had a great influence on the theory and practice of criminal justice in various countries.Restorative justice emphasizes timely restoration of criminal damage consequences in environmental criminal offenses,focuses on the resocialization of environmental criminal offense perpetrators,and emphasizes the participation of all parties related to environmental criminal offenses in the process of environmental criminal offenses,and its pluralistic value pursuit and crime punishment mindset provides useful experience for China to punish environmental criminal offenses.The special nature of ecological damage requires a higher standard of environmental restoration system,for which restorative justice introduces noncriminalized alternative initiatives to better solve the problem of ecological restoration.Restorative justice takes advantage of the active participation of diversified dispute resolution subjects in judicial activities to marginalize the conflicts between perpetrators and victims through mutual negotiation and mediation,thus achieving a harmonious and stable ecological environment.The real situation of environmental criminal crimes and the innovation of judicial philosophy provide a realistic basis for the application of restorative justice in China.Traditional retributive justice in practice has shortcomings and deficiencies in the application of restorative justice in China’s environmental criminal offenses has become necessary,and the idea of restitution in China provides a strong cultural foundation for the application of restorative justice in China at this stage.At present,the application of restorative justice in environmental criminal offenses is characterized by the lack of legal basis,the uncertainty of the subject and scope of application,the lack of application of criminal reconciliation system,the irregularity of judicial appraisal of ecological and environmental damage,the imperfection of financial guarantee and supervision mechanism,the lack of unified judicial appraisal standards,the lack of perfect criminal reconciliation system and the lack of corresponding post-event supervision system,so the unification of judicial appraisal standards,the Therefore,the unification of forensic standards,the improvement of criminal reconciliation system and the establishment of post-event supervision system provide the basis and guarantee for the good operation of restorative justice system in China.The application of restorative justice in environmental criminal offenses not only innovates a new way to punish environmental criminal offenses,but also establishes a new concept of environmental justice that "criminal punishment is the means and restoration of ecological environment is the ultimate goal",and finally achieves a new development model of harmonious coexistence between human beings and nature.