Current Views: 229461
Current Downloads: 126185
Advance in Law
ISSN Print:2707-1499
ISSN Online:2707-1502
Contact Editorial Office
Subscribe to the latest published information from SCISCAN
The Logic and Pathways of Constructing a Non-Penal Restoration System for Cultivated Land Crimes
-
Information:
School of Law, Yangzhou University, Yangzhou, China
-
Keywords:
Cultivated Land Protection; Restorative Justice; Criminal Liability; Non-Penal Disciplinary Measures
- Abstract: The modernization of the rule of law is a dynamic, problem-oriented evolutionary process, requiring the modes of undertaking criminal liability to advance with the times. When addressing crimes against cultivated land, the traditional penalty system faces the dilemma of a disconnect between its “punishment-prevention” function and the objective of ecological restoration, making it difficult to achieve the substantive restoration of impaired legal interests. In response, logical empowerment calls for transcending conventional regulatory thinking by introducing and systematically constructing a decriminalized restoration system. Grounded in the philosophy of restorative justice and oriented toward the protection of pluralistic legal interests, the realization of ecological justice, and the enhancement of governance efficacy, this system serves as a crucial guarantee for national food security and ecological security. Based on a tripartite logical justification, it is feasible to further establish its implementation pathways from three dimensions: substantive law, procedural law, and supporting mechanisms. Specifically, this involves clarifying the criminal legal nature of restoration liabilities and establishing incentive and constraint mechanisms linked to sentencing and enforcement; improving judicial confirmation of restoration plans, collaborative supervision, and the coordination of administrative, criminal, and civil procedures; and ensuring institutional implementation through unified technical standards and multistakeholder collaboration mechanisms.
- DOI: 10.35534/al.0803008 (registering DOI)
- Cite: Qiao, G. Q. (2026). The Logic and Pathways of Constructing a Non-Penal Restoration System for Cultivated Land Crimes. Advance in Law, 8(3), 101-112.
