Abstract:
In criminal justice, the application of environmental restoration responsibility agrees with the guidance of judicial policy in repairing the damaged environment, has the dual legal responsibility function of punishing crimes and repairing damage, and conforms to the development trend of the integration of criminal, civil and administrative responsibilities. It is a system arrangement that conforms to the rule of environmental legal responsibility. Meanwhile, the diverse application of environmental restoration responsibility in criminal justice is faced with the dilemma of the lack of legal basis, which has caused many problems, such as the confusing nature and application ways of responsibility, the judicial authority beyond the border and discretion risk. As far as the mode of application is concerned, it is advocated that environmental restoration should be applied as sentencing circumstances, non-penalty measures and supplementary civil compensations, and it is feasible to make the responsibility of environmental restoration properly applied in criminal justice by completing the conditional non-prosecution system, the criminal reconciliation system and the community correction system and any other legal system.