Selection and Application of Non-Penalty Punishments in Criminal Cases Involving Forest
CHEN Wenxing;ZENG Rui;LIU Jianmin;College of Humanities and Law,Fujian Agriculture and Forestry University;
⑴ Background——Forest resources not only have strong economic value,but also brings high ecological benefits. Driven by economic interests,it appeared a lot of criminal cases involving forest which need judge in judicial procedure in the court. In environmental justice practice,it is a trend of taking non-penalty punishment measures to supplement or replace criminal penalties in order to restore the ecological environment. So the nonpenalty punishments will play more and more important role in forest ecological environment restoration and remediation. But how to provide applicable gist,selection criteria and implementation model remains to be further clarify. Otherwise,it will be difficult to wrestle with the current severe situation of the crimes related to forest.⑵ Methods——This paper uses the method of normative analysis and cases analysis: normative analysis is applied to measure whether non-penalty method as a way of alternative penalty measures is complied with Chinese positive law. The application of cases analysis can help us summarize some valuable experience and identify the existing problems from the cases in judicial practice.⑶ Results——There are 4 issues occurred in the application of non-penalty punishments in criminal cases involving forest: Firstly,the existing legislation cannot provide a clear legal basis for new non-criminal punishment. The administrative obligation is imposed by the court in criminal procedure rather than by the forestry department in administrative punishment procedures,it also tends to be controversy about the legitimacy of criminal justice responsibility for environmental damage restoration; Secondly,There is no specific provision in the law for the criminals applying the non-criminal punishment measures. So when faced with the similar cases,there is enormous variation in assessing punishments by non-penalty stead of penalty,it also has brought the confusion in judicial practice. Also the judicial justice will be questioned because of different punishments to the same crimes.Thirdly,what criteria should be applied to non-penalty measures is another major issue,the prerequisite is using forestry expertise to determine the extent of crime,then see if there are any other the plots of cases for considering the application of non-penalties in sentencing. Fourthly, non-penalty punishment measures are not mostly often be accomplished in the short term. Who can be chosen to supervise and monitor? What is the basis of selecting the main body of supervisor? How to solve the contradictions may have created among different supervisory bodies? All of these questions must be clarified in judicial practice.⑷ Conclusions and Discussions——It is suggested to perfect the applicable rules and applicable standards for non-penalty punishments about criminal cases involving forest in order to promote the practice innovation of non-penalty punishments in judicial trial of criminal cases involving forest. This paper put forward 4 suggestion: Firstly,it is necessary to expand the relevant legal contents and to improve the basis for the application of non-criminal punishment measures so as to obtain a more clearly reasonable position for non-penalty punishments of criminal cases involving forest in the judicial practice. Gradually,it is incorporated into the legislation to promote the standardization of non-penalty punishments in criminal cases involving forest. Secondly,judicial authorities should carefully consider the serious differences economic situation of each offender in each region,when selecting the non-penalty punishment measures. Thirdly,government should take all factors into account,set scientific application standards and make a reasonable assessment so as to enable non-penalty punishment measures applicable to the forestry criminal cases. Fourthly,government should select the appropriate supervisor for implement of non-penalty punishment measures,make analysis,get summary experience,make a reasonable supervision system,and perfect the supervisor's functions and powers.
【Fund】： 福建省科技计划软科学项目(2017R0020);; 福建省社会科学规划一般项目(FJ2016B072);; 福州市社会科学规划重点项目(2017FZB03)
【CateGory Index】： D925.2
【CateGory Index】： D925.2