Practical Reflection and Institutional Adjustment on the Application of"Leniency Based on Carbon Sink Subscription"in Environmental Criminal Judicial
The mechanism of"Leniency Based on Carbon Sink Subscription"is an innovation in environmental criminal judicial practices to address the shortcomings of traditional penalties in dealing with environmental crimes,and it is also beneficial for assisting in achieving the"Dual Carbon"goals.However,due to the lack of specific legal basis,related criminal justice practices have encountered issues such as vague positioning,unclear scope of application,unspecified restoration purposes,and inappropriate leniency scales,posing risks of abuse.From a normative evaluation perspective,"Carbon Sink Subscription"serves the functions of restoration,education,and promotion of public welfare.Therefore,the leniency measures can be justified,interpreted as grounds for non-punishment under the Criminal Law,and as discretionary sentencing considerations.Considering the current application status in environmental criminal justice practices and the legislative policy orientation,the system of leniency based on peccavit can serve as a reference for the application of"Leniency Based on Carbon Sink Subscription".At the same time,specific application rules should be clarified by taking into account the characteristics of environmental crimes and the mechanisms of"Carbon Sink Subscription".
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