恢复性司法视角下环境刑附民公益诉讼的刑民责任衔接
From the Perspective of Restorative Justice, Bridging Criminal Liability and Civil Liability in Environmental Public Interest Litigation

当前刑事附带民事公益诉讼的责任衔接中仍存在不和谐之处，主要关键在于刑事量刑与民事环境责任的履行存在衔接模式分裂、衔接标准缺失的问题。导致可能会发生类案不同判、刑事责任裁量失衡的问题。其根源在于刑民交叉点的选取只在于从民事责任履行考察犯罪人的悔罪态度这一点，实际上有狭隘之疑。通过恢复性司法视角，以及从法经济学理论对恢复性司法的审视，提出恢复性司法模式中实体性的刑民交叉点。在论证了合理性的理论基础上建构民事责任履行参与刑事量刑的合理性以及规范标准，对现有衔接模式存在的问题提供解决建议。
At present, there is still a disharmony in the connection of civil public interest litigation attached to criminal cases, and the main key lies in the division and lack of connection standards between the connection mode of criminal sentencing and the performance of civil environmental responsibility. Lead to the possibility of different cases, the imbalance of criminal responsibility discretion. Its root cause lies in the selection of the collaborative path of criminal liability and civil liability of the criminal people only from the repentance attitude of the criminal from the performance of civil liability, in fact, there is narrow suspicion. Through the perspective of restorative justice and the examination of restorative justice from the theory of legal economics, the collaborative path of criminal liability and civil liability of criminal people in the restorative justice model is proposed. On the theoretical basis of demonstrating the rationality, we construct the rationality and the norms and standards of participating in criminal sentencing, and provide suggestions to solve the problems existing in the existing responsibility cohesion mode.