Research On The Application Of Ecological Restorative Judicial Measures For Forest-related Crimes

China’s ecological civilization construction has stepped to a new level,facing many new risks and challenges.Environmental crime,as a representation of ecological risk,and forest-related crime as a representative of environmental crime,are the key areas of restorative justice practice.Meanwhile,restorative justice practice is gradually maturing across the country.However,there are still many problems to be solved in the application process of various restorative measures of ecological restorative justice,and the theoretical research needs to be further improved.By studying the specific meaning,nature,characteristics and application development of ecological restorative justice measures,and determining the scope of the study of forest-related crimes,this paper designs the elements of empirical analysis.Based on 108 cases of forest-related crimes in Fujian Province,this paper makes a statistical analysis of the application types,methods,ranges and enforcement safeguards of ecological restorative judicial measures.The following problems are found: First,in terms of application procedures,there are some problems in the application of ecological restorative judicial measures,such as confusion in application types,ambiguity in application methods,and confusion in cross-matching application.Secondly,in terms of liability bearing mode,there are some problems in the application of ecological restorative judicial measures,such as relying too much on the economic compensation responsibility of ecological environmental restoration,and taking the responsibility of behavior restoration in a single way.Thirdly,in terms of application range,there are mainly problems that unlimited fine affects the application effect of restorative measures,and the imperfect appraisal mechanism affects the determination of the range of restorative measures.Finally,in terms of protection mechanism,there is a lack of sufficient identification and assessment mechanism of implementation results,as well as multi-sectoral linkage governance mechanism to ensure the implementation effect of ecological restorative judicial measures.Based on the above problems,this paper puts forward the following suggestions: In terms of application procedures,this paper holds that in addition to establishing a complete legal system,the application procedures,types and ways of application of ecological restorative judicial measures should be standardized;At the level of responsibility,behavioral restoration measures should be taken as the main ecological restorative judicial measures,and the types of direct restoration measures should be innovated.In terms of the standard application range,ecological restorative judicial measures should be taken as the alternative execution method of fine penalty,and the whole ecological environmental damage identification mechanism should be built to ensure that the judgment results conform to the principle of crime,responsibility and punishment.In terms of the guarantee of the implementation results,we should innovate the identification and assessment mechanism of the implementation results and build a multi-department linkage governance mechanism to ensure the implementation of ecological restorative judicial measures.