生态环境修复责任在刑事附带环境民事公益诉讼中的司法适用研究——以397份裁判文书为样本

Study on the Judicial Application of Eco-environmental Restoration Responsibility in Criminal Incidental Environmental Civil Public Interest Litigation——A Sample of 352 Judgement Documents

在刑事附带环境民事公益诉讼中适用生态环境修复责任,符合生态环境“恢复性司法”理念,具有惩罚犯罪和修复受损生态环境的双重功能。但由于生态环境修复责任尚无系统性的法律规范,且刑事附带民事诉讼制度本身存在一定的制约,在实践适用中面临缺乏规范保障、成为量刑的“工具”、救济效果存疑、执行困难等问题。为完善生态环境修复责任在刑事附带环境民事公益诉讼中的适用,应进一步落实“恢复性司法”理念,规范生态环境修复量刑情节适用;规范替代性责任认定,创新刑附民责任承担方式;统一民事赔偿范围,完善执行保障机制。

The application of ecological environment restoration responsibility in the civil public interest litigation attached to the criminal environment conforms to the concept of ecological environment"restorative justice",and has the dual function of punishing crimes and repairing the damaged ecological environment.However,due to the lack of systematic legal norms of ecological environmental restoration responsibility,and the system of criminal civil litigation itself has certain constraints,it is faced with the problems of lack of normative guarantee,become a"tool"for sentencing,the relief effect is doubtful,difficult to implement and so on.In order to improve the application of responsibility for ecological environmental restoration in criminal incidental environmental civil public interest litigation,the concept of"restorative justice"should be further implemented and the application of sentencing circumstances for ecological environmental restoration should be standardized.Standardizing the identification of alternative responsibility and innovating the way of responsibility of the people attached to the punishment;unify the scope of civil compensation and improve the enforcement guarantee mechanism.