Victim Welfare, Social Harmony, and State Interests: Implementing Restorative Justice in Chinese Environmental Criminal Justice

Abstract

While there have been abundant studies on restorative justice (RJ) in China and across the globe, research has paid scant attention to the increasing incorporation of RJ into the framework of Chinese environmental criminal justice (ECJ) and its mounting prominence in handling ECJ cases. To broaden our understanding of RJ in China, this study empirically examines the forms, functions, and foundations of RJ ideals and practices manifested in contemporary Chinese legal responses to environmental crime. Drawing on various sources of qualitative data, we find that RJ in ECJ uses a state-led-and-coordinated network of community organizations and residents (including groups of environmental victims) to account for victim welfare, offenders’ new responsibilization, and public engagement. Furthermore, we argue, as a peculiar form of law’s responsiveness in the wake of China’s swift transition to modernity, RJ in Chinese ECJ works to reinforce the declining legitimacy of the authoritarian state and enhance decreasing trust in the state’s ability to govern. Implications for better understanding and implementing RJ within the ECJ field are also presented and discussed.