The Righteous Consideration of Ecological Benefit Value Embedded in the Environmental Criminal Justice Structure
The adjudication of environmental pollution crimes solely based on the confirmation of legal interests protected by criminal law,as stipulated by preceding laws,contradicts the public's inherent expectations of ecological justice.The expansion and restriction of the recognition of environmental pollution offenses,as well as the determination of the extent of ecological harm,are crucially influenced by the legal structure formed by preceding laws.Therefore,it is imperative for the criminal judi-cial adjudication of environmental pollution cases to emphasize ecological restoration and damage prevention,balancing lenien-cy and severity.By adopting a restorative justice approach,the quality and efficiency of criminal punishment can be enhanced,elucidating the legal expression of ecological benefit value and environmental public interest.This approach realigns environ-mental criminal justice with its ecological basis and reveals the procedural mechanisms through which ecological benefit value assessments are integrated into judicial adjudication structures.The analysis of ecological benefit value within administrative ac-tions supplements the normative value of criminal law in the factual determination of environmental pollution crimes,thereby better achieving the integration of ecological justice and judicial justice within specialized environmental adjudication,promot-ing the rule of law and good governance,implement the modernization concept of environmental governance in accordance with the law in China.
environmental pollution crimesecological justicejudicial adjudication structureecological benefit value
万方数据
维普
