An Empirical Study On The Application Of Ecological Environmental Restoration Liability In Environmental Criminal Cases And Civil Public Interest Litigatio

With the development of social civilization,ecological problems are increasingly significant,and excellent ecological environment has become one of the important indicators to measure public happiness.Ecological environment restoration has attracted attention as an effective means to deal with environmental pollution damage.After the Civil Code came into effect in 2021,the responsibility of ecological environment restoration was formally stipulated as an independent way to assume responsibility.For environmental resources protection class criminal cases,and the traditional criminal justice model "criminal sentence,barren hills still" compared to the judicial situation,in the environmental criminal incidental civil public interest litigation fully applicable ecological environment repair responsibility can adjust measures to local conditions to restore the damaged environment,to punish crime and the unique advantages of restore environment.However,according to the existing legislative provisions and judicial practice,there are many disputes not only in the nature of responsibility,the subject of responsibility and the content of responsibility,but also different practices,vague standards and ineffective implementation in the judicial practice of civil public interest litigation attached to environmental criminal.The different theoretical understanding and practical practices of the responsibility of ecological environment restoration make the responsibility of ecological environment restoration far from becoming a stable legal system.Therefore,it is necessary to explore the applicable path of ecological and environmental restoration responsibility in the context of environmental criminal litigation in combination with relevant legal provisions and judicial practices,so as to promote the improvement of specific responsibility rules.This paper takes the environmental criminal incidental civil public interest litigation case as the empirical evidence.On the basis of the basic determination of the legal concept of civil public interest litigation and ecological and environmental restoration responsibility attached to environmental criminal cases,To analyze the statistical judicial cases,Summarize the comprehensive situation and case characteristics of the judicial practice of ecological environment restoration responsibility in the civil public interest litigation attached to environmental criminal cases,From an entity and procedural perspective,And more intuitively,the overall litigation process is divided into three parts: before,during and after litigation to discuss the problems existing in the judicial practice,And put forward suggestions on the improvement of the existing problems,In order to promote the judicial organs to correctly apply the responsibility of ecological environment restoration in the civil public interest litigation attached to environmental criminal cases,Effectively safeguard the environmental and public interests.