On the Judicial Determination of Corporate Environmental Criminal Compliance in the Trial Stage
Based on the characteristics of environmental resource crimes,a large number of environmental criminal com-pliance cases have entered the trial stage.In existing judicial practice,both the procuratorial organs and the adjudicatory or-gans take effective restoration of ecological legal interests by the involved enterprises as a prerequisite for judicial determina-tion of environmental criminal compliance,demonstrating broad initiation,recognized positivity,and leniency in sentencing.Functionally speaking,judicial determination of corporate environmental criminal compliance at the trial stage can reflect pro-cedural justice,conform to the separation of control and adjudication,and explore negotiated justice.To construct a path for judicial determination of corporate environmental criminal compliance at the trial stage that is in line with Chinese character-istics,it should be led by procuratorial organs during initiation and undergo formal examination by adjudicatory organs;dur-ing specific procedures,adjudicatory organs conduct substantive examination on corporate environmental criminal compliance;when exercising discretion in sentencing,daily compliance should be considered as a mitigating factor while ef-fective rectification measures for environmental crimes should be considered as statutory mitigating factors.
trial stagecorporate environmental criminal compliancepath construction
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