The restoration of the ecological environment by criminals in environmental crimes is of great significance for the purpose of achieving penalties and environmental protection purposes. However, the judicial interpretation has set many thresholds for the application of the restoration of the ecological environment in sentencing, so that the application rate of the restoration of the ecological environment as a sentencing episode is low, and it cannot perform its due function. The criminal's restoration of the ecological environment reflects the reduction of personal danger and social harm, which is also the theoretical basis for the application in sentencing. At the same time, the application of repairing the ecological environment in sentencing is also the need for the development of legal interest recovery theory and criminal legitimacy theory. In order to achieve the purpose of punishment and the purpose of environmental protection, it is necessary to clarify the concept and content of criminals' repairing of ecological environment, relax the conditions for application of restoration of the ecological environment, and promote the restoration of the ecological environment to play its due function.
杨红梅.修复生态环境的量刑适用研究——兼议法释〔2016〕29号第5条的得与失[J].重庆大学学报社会科学版,2020,26(3):100-110. DOI:10.11835/j. issn.1008-5831. fx.2019.06.007复制