Reflection and Optimization on the Judicial Judgment Efficiency of Ecological Environment Crimes
Criminal adjudication of ecological and environmental crimes is an important part of the environmental resources trial sys-tem with Chinese characteristics.Compared with other crimes,ecological and environmental crimes show the following charac-teristics:the number of cases of second instance is relatively high;the rate of first-instance cases that have been accepted and settled is relatively low;and the rate of remand and revision is high.On the positive side,ecological and environmental criminal adjudication has given full play to the function of trial supervision and judicial activism to ensure the fairness and reasonableness of conviction and sentencing.However,from the negative side,some problems have also been exposed,specifically including:the results of first-instance adjudication are highly controversial,resulting in the authority of criminal adjudication being im-pacted,second-instance adjudication challenges the traditional procedural value of criminal proceedings,and the litigation process is caught in a credibility crisis.In response to these problems,the concept of restorative justice has been consistently practiced in the second-instance procedures for environmental crimes,and the coordination of environmental justice has been safeguarded through the differentiation of sentencing.At the same time,by standardizing the application of environmental judi-cial opinions,the introduction of segregated sentencing procedures to safeguard the adjudication effect of the first trial.It im-proves the ecological environment criminal justice system from multiple angles,and enhances the judicial efficiency and effect of ecological environment criminal adjudication.
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