An Empirical Study and Normative Approach on the Influence of Compensation on Sentencing in Environmental Cases
The establishment of the compensation system for ecological environmental damage can have an impact on sentencing by actively fulfilling the liability for compensation.Back to the theory,it is based on the re-establishment of environmental legal interests under the thought of criminal and civil integration,the choice of civil and criminal co-governance mode and organic integration of the princi-ple of"the environment has a price,and the damage bears the responsibility"and the restorative gover-nance mode.By studying 1528 empirical cases of environmental pollution criminal judgments,it can be found that there is insufficient room for the application of compensation as a sentencing circumstance,compensation as a sentencing circumstance should be restricted,the identification of compensation it-self is easily confused with other monetary responsibilities,and the object of compensation payment and the place of money are unclear.Therefore,in order to avoid falling into the ambiguity of"spending money to buy a sentence",it is necessary to combine the trial mode of"criminal before civil"and"civil before criminal",and the recognition of compensation takes priority over other monetary liabilities.It is also necessary to establish an environmental public welfare fund system and add environmental service orders to further standardize the application of compensation in environmental cases as a sentencing ele-ment.
compensation affects sentencingcivil litigation incidental to criminal proceedingsenvironmental public welfare fundenvironmental service order
万方数据
维普
