638
X. Zhang
resource offenses.” After introduced into China, it was first applied to the study of
juvenile crimes and the handling of criminal reconciliation cases. In recent years, in
the face of the frequent, common environmental damage and related crimes, restorative justice has been applied to punish environmental crimes and promote “replanting
and re-greening and ecological restoration.” In 2015, the Supreme People’s Procuratorate demanded that procuratorial organs at all levels across the country should
actively apply restorative justice to judicial protection of the ecological environment,
and strive to realize criminal punishment and ecological and environmental protection
at the same time. In practice, some local procuratorial organs prioritize restoration,
and urge the defendants to actively restore the environment by ways of replanting and
re-greening, stock enhancement and release, restoration within a stipulated time limit,
and labor compensation, achieving good results. For example, Fujian has created the
model of “specialized legal supervision + practice of restorative justice + socialized comprehensive governance.” Jiangxi has introduced the concept of restorative justice into the ecology-related procuratorial work and promoted the establishment of ecological restoration and compensation mechanisms such as replanting
and re-greening to realize criminal punishment and ecological and environmental
protection at the same time. In Guizhou, the procuratorial organs practice restorative
justice, strengthen the education of criminal suspects, and promote replanting and regreening, and thus the comprehensive improvement in the ecological environment.
In Zhejiang, restorative justice has been increasingly applied in cases about ecological and environmental protection. To educate law-violating fishermen to correct
their mistakes and actively restore fishery and the water environment, the procuratorial organs work with fishery law enforcement agencies to see to it that fishermen
stock fish fry and repay their “environmental debt,” thus protecting the ecology and
punishing crimes at the same time. As of the end of December 2018, in 30 provinciallevel administrative regions, the procuratorial organs had worked with courts, public
security organs, and environmental protection departments to establish 2327 procuratorial working mechanisms for ecological and environmental restoration, and 459
ecological and environmental restoration bases. In 2018, 85.91 million trees were
replanted, 74.67 million fish fry were proliferated, 84,000 mu of cultivated land was
restored, and RMB 360 million for ecological restoration paid.
The principle that “whoever pollutes the environment shall eliminate and control
the pollution; whoever damages the environment shall restore it” is the golden rule for
ecological and environmental protection and governance. By introducing the concept
of restorative justice into the field of ecological and environmental protection, coordinating the applicable criminal, civil, and administrative responsibilities, restoring the
ecological environment to the greatest extent, and conditionally granting leniency to
those who damaged the environment, we can better implement the relief system with
ecological and environmental restoration at the core and solve the dilemma in which
enterprises pollute, the people suffer and the government pays.” In view of the conflict
between restorative justice and traditional criminal justice, insufficient legal basis,
and poor supporting institutions, it is necessary to shift the priority of the procuratorial
work from punishment to ecological restoration, to make the two equally important
and exercise protective justice over ecological restoration while severely cracking
X. Zhang
resource offenses.” After introduced into China, it was first applied to the study of
juvenile crimes and the handling of criminal reconciliation cases. In recent years, in
the face of the frequent, common environmental damage and related crimes, restorative justice has been applied to punish environmental crimes and promote “replanting
and re-greening and ecological restoration.” In 2015, the Supreme People’s Procuratorate demanded that procuratorial organs at all levels across the country should
actively apply restorative justice to judicial protection of the ecological environment,
and strive to realize criminal punishment and ecological and environmental protection
at the same time. In practice, some local procuratorial organs prioritize restoration,
and urge the defendants to actively restore the environment by ways of replanting and
re-greening, stock enhancement and release, restoration within a stipulated time limit,
and labor compensation, achieving good results. For example, Fujian has created the
model of “specialized legal supervision + practice of restorative justice + socialized comprehensive governance.” Jiangxi has introduced the concept of restorative justice into the ecology-related procuratorial work and promoted the establishment of ecological restoration and compensation mechanisms such as replanting
and re-greening to realize criminal punishment and ecological and environmental
protection at the same time. In Guizhou, the procuratorial organs practice restorative
justice, strengthen the education of criminal suspects, and promote replanting and regreening, and thus the comprehensive improvement in the ecological environment.
In Zhejiang, restorative justice has been increasingly applied in cases about ecological and environmental protection. To educate law-violating fishermen to correct
their mistakes and actively restore fishery and the water environment, the procuratorial organs work with fishery law enforcement agencies to see to it that fishermen
stock fish fry and repay their “environmental debt,” thus protecting the ecology and
punishing crimes at the same time. As of the end of December 2018, in 30 provinciallevel administrative regions, the procuratorial organs had worked with courts, public
security organs, and environmental protection departments to establish 2327 procuratorial working mechanisms for ecological and environmental restoration, and 459
ecological and environmental restoration bases. In 2018, 85.91 million trees were
replanted, 74.67 million fish fry were proliferated, 84,000 mu of cultivated land was
restored, and RMB 360 million for ecological restoration paid.
The principle that “whoever pollutes the environment shall eliminate and control
the pollution; whoever damages the environment shall restore it” is the golden rule for
ecological and environmental protection and governance. By introducing the concept
of restorative justice into the field of ecological and environmental protection, coordinating the applicable criminal, civil, and administrative responsibilities, restoring the
ecological environment to the greatest extent, and conditionally granting leniency to
those who damaged the environment, we can better implement the relief system with
ecological and environmental restoration at the core and solve the dilemma in which
enterprises pollute, the people suffer and the government pays.” In view of the conflict
between restorative justice and traditional criminal justice, insufficient legal basis,
and poor supporting institutions, it is necessary to shift the priority of the procuratorial
work from punishment to ecological restoration, to make the two equally important
and exercise protective justice over ecological restoration while severely cracking