摘要
Abstract
For a long time,the governance of environmental crimes in China has been constrained by a single punitive-centered ap-proach,which presents several issues including misalignment with the concept of sustainable development,failure to fully implement the criminal policy of combining leniency with severity,and neglect of collaborative multi-stakeholder governance of environmental pol-lution.As a systemic code in the field of ecological and environmental governance,the compilation of the Ecological and Environmental Code provides a new restorative pathway for addressing environmental crimes,the key to which lies in clarifying the positioning of eco-logical restoration within criminal law.Incorporating the concept of ecological restoration into the criminal justice process not only shifts the focus of environmental crime governance from punishing offenders to restoring the damaged legal interests,but also facilitates the ra-tional allocation of penal resources through restorative justice.The advancement of a restorative governance model for environmental crimes requires the following actions.First,ecological restoration should be explicitly defined as a statutory sentencing factor for envi-ronmental crimes and as a key criterion for evaluating the execution and modification of sentences.Second,proper coherence across different laws must be ensured by adding criminal-law-referential provisions into the Code to remedy the existing normative gap in restor-ative governance.Third,an integrated environmental governance mechanism involving diverse stakeholders should be established,sup-ported by smart regulatory platforms to enhance the effectiveness of the governance of environmental crimes and promote the holistic res-toration and systemic governance of the ecological environment.关键词
环境犯罪/生态环境法典/恢复性治理/恢复性司法/生态修复Key words
environmental crimes/the Ecological and Environmental Code/restorative governance/restorative justice/ecological res-toration分类
社会科学
