论恢复正义理念在环境犯罪治理中的引入

Research on Controlling Environment Crime by Taking Restorative Justice

传统刑法理论中,刑罚的启动或在于报应或在于预防,而随着环境犯罪等新型犯罪的出现,立足报应或预防均不足以有效预防犯罪,恢复正义成为一条新的进路。从环境犯罪的特性,多元政策已经成为各国采取的共同手段,对环境犯罪的治理应当适时引入恢复正义理念,在刑事立法和司法中予以相应的贯彻,革新刑罚方法。

In the traditional theory of criminal law, the penalty is set up by retribution or prevention. With the emergence of new types of crime such as environmental crime, the traditional theory of penalty is not effective any more. And restorative justice presents a new route. From the characteristics of environmental crime, pluralism has become a common means adopted by various countries. So it is necessary to introduce the concept of restorative justice in controlling environment crime by carrying it out through criminal justice legislation and innovation of methods of punishment.