刑事司法中环境修复责任的多元化适用

在刑事司法中适用环境修复责任契合“运用司法手段修复生态环境”的政策导向，具有“惩罚犯罪和修复损害”的双重责任功能，顺应“刑事、民事和行政责任功能融合”的发展趋势，是符合法律责任规律的制度安排。在刑事司法实践中，环境修复责任得到多元化适用，但也面临“法律依据不足”的困境，存在“责任性质认知困惑、责任方式适用混乱、超越司法职权边界、滋生裁量失控风险”等问题。就适用方式而言，提倡将环境修复作为量刑情节、非刑罚处罚措施和刑事附带民事赔偿方式予以适用，并通过完善附条件不起诉制度、刑事和解制度和社区矫正制度等司法制度，为环境修复责任提供多元适用途径。

Diversified Application of Environmental Restoration Responsibility in Criminal Justice

In criminal justice, the application of environmental restoration responsibility agrees with the guidance of judicial policy in repairing the damaged environment, has the dual legal responsibility function of punishing crimes and repairing damage, and conforms to the development trend of the integration of criminal, civil and administrative responsibilities. It is a system arrangement that conforms to the rule of environmental legal responsibility. Meanwhile, the diverse application of environmental restoration responsibility in criminal justice is faced with the dilemma of the lack of legal basis, which has caused many problems, such as the confusing nature and application ways of responsibility, the judicial authority beyond the border and discretion risk. As far as the mode of application is concerned, it is advocated that environmental restoration should be applied as sentencing circumstances, non-penalty measures and supplementary civil compensations, and it is feasible to make the responsibility of environmental restoration properly applied in criminal justice by completing the conditional non-prosecution system, the criminal reconciliation system and the community correction system and any other legal system.