Research Of Transitional System Of Cohesive Path Within Environmental Protection Administrative Law Enforcement And Criminal Justice In The Perspective Of Ecological Rule Of Law

The establishment of Xi Jinping’s ecological rule of law thought points out the direction for the construction of ecological civilization.Only by implementing the strictest system and the strictest rule of law can we provide a reliable guarantee for building an ecological civilization.The system of "execution connection" for environmental protection,as an important part of the system construction in the ecological rule of law,is the link between ecological law enforcement and justice.However,at present,there are still some problems in the system of "execution connection" for environmental protection,including the imperfect current relevant legislation and the unsmooth case transfer system.Therefore,the construction of a complete environmental protection "execution connection" transfer system is of positive significance for the formation of a strict system and strict rule of law.Based on the analysis of the connotation and theoretical basis of the transfer system of "execution convergence" for environmental protection,this paper deeply explores the implementation status and problems of the transfer system of "execution convergence",and on this basis,finds out the reasons for the existence of the problems,and then puts forward targeted countermeasures.First of all,this article in the ecological horizon,under the rule of law has been clear about the environmental protection "execution" the connotation of transfer system,namely,environmental protection "execution" transfer system is specifically to violate laws and regulations of environmental protection,flow between ecological environment and criminal judicial authority,to determine the nature of the case,shall be investigated for illegal behavior person the unity of the legal responsibility of the entity system and application system.Moreover,the theoretical basis of the case transfer system is deeply studied,which mainly includes: the theory of division of national power which divides the state power into decision-making power,execution power and supervision power through "functional decentralization";The theory of administrative criminal law as an independent legal discipline to regulate administrative law enforcement and criminal justice;The principle of criminal priority is no longer suitable for the present situation of case transfer.Secondly,this paper comprehensively analyzes the current situation of the transfer system of "execution connection" for environmental protection,and finds out the problems existing in case transfer through legislation and practice.As for the current situation of legislation,it summarizes the central and local legislative documents,and finds that the existing laws have strong lag,low level of legislative effectiveness,and weak binding force.For the practical status quo,this paper through the classification and systematic analysis of the relevant data of the existing case transfer,found that the case transfer work has more actual occurrence,less investigation and punishment,more administrative processing,transfer to judicial organs to investigate the criminal responsibility less problems.Thirdly,on the basis of studying the present situation and problems of the case transfer,we found the reasons for the obstruction of the case transfer.First,the current legal system of case transfer is not perfect,the legislative content is not detailed,it is difficult to regulate case transfer.Second,the connotation of the case transfer is not comprehensive understanding,can not form a complete two-way transfer system.Third,the principle of criminal priority is difficult to adapt to the current transfer status,resulting in the chaos of the case transfer work.Fourth,the existing transfer supervision mechanism is insufficient,and it is difficult to form effective social supervision and procuratorial supervision.Finally,this paper puts forward targeted and effective suggestions to improve the above problems and reasons.First,the theory of "functional decentralization" is used to improve the two-way linkage mechanism of division of labor and restriction of various organs.Second,make clear the principle of case transfer combining jurisdiction and coordination,and refine the principle in the case transfer system to make it operable.Thirdly,we should perfect the legislation of case transfer,improve the effectiveness of legislative specifications,legalize the principle of combining jurisdiction and coordination,and legalize the specific standards of case transfer.Fourth,establish a complete joint meeting mechanism and information sharing platform.Fifthly,through the hearing system of administrative punishment,the social supervision of case transfer should be improved,and the nature of procuratorial supervision should be clarified,and effective procuratorial supervision should be adopted.