Research On The Connection Mechanism Between Environmental Administrative Law Enforcement And Criminal Justice In China

Throughout the history of the development of human civilization,ecological prosperity means civilization prosperity,and ecological decline means civilization decline.The 19 th National Congress of the Communist Party of China clearly pointed out in the report that the relationship between man and nature should be harmonious and symbiotic,and the protection of the environment should be the most serious attitude and the most stringent means.In recent years,although China ’s ecological civilization construction has achieved certain results,but the destruction of the ecological environment quality events still repeated.In the face of frequent environmental pollution problems,the normative connection between environmental administrative law enforcement and criminal justice can prevent and combat environmental violations and criminal acts.In the early stage,China’s environmental behavior was mainly based on administrative means,but with the increasingly serious environmental problems,it is difficult to curb by administrative means alone.In order to make the criminal law as a security law play a role,in practice,we should establish and improve the connection mechanism between environmental administrative law enforcement and criminal justice in the field of environmental governance,and form a joint force to crack down on environmental crimes.China ’s environmental administrative law enforcement and criminal justice convergence(hereinafter referred to as the "two law convergence ")mechanism has been running for many years,the first normative document for the transfer of environmental crime cases’Several provisions on the transfer of suspected environmental crime cases by environmental protection administrative departments ’ was formally introduced in 2007,but the practical effect is not ideal.In 2017,the Ministry of Environmental Protection,the Ministry of Public Security and the Supreme People ’s Procuratorate issued the "Measures for the Connection of Environmental Protection Administrative Law Enforcement and Criminal Justice "(hereinafter referred to as the "2017 Working Measures "),which provides a legal basis for further effectively solving the problems of poor connection between environmental "two laws " such as non-establishment of cases,difficulty in moving cases,and replacement of punishment with punishment.However,there are still some practical problems in the operation of the mechanism.In this regard,it is still necessary to conduct in-depth discussion and analysis of China ’s environmental " two-law convergence " mechanism.In addition to the introduction and conclusion,the research content is mainly divided into the following aspects:First,through the Tengger Desert pollution case,the problems arising from the operation of the environmental " two-law convergence " mechanism are introduced.Secondly,in order to further clarify the connotation of the environmental " two-law convergence " mechanism,the related concepts and theoretical basis of the environmental " two-law convergence " mechanism are explained.Thirdly,on the basis of analyzing the legislative and judicial status quo of China ’s environmental " two laws convergence," this paper discusses the problems existing in the practice of environmental " two laws convergence " mechanism,such as poor case transfer,insufficient initiative and rigidity of procuratorial supervision,poor information between environmental responsibility subjects,and difficulties in obtaining and transforming evidence.Finally,in view of the problems existing in the operation of the environmental " two-law convergence " mechanism,feasible solutions are proposed,including clarifying the criteria for the transfer of cases,standardizing the responsibility of the main body of the transfer of cases,improving the initiative of the procuratorial organs,strengthening the procuratorial supervision,and improving the network information platform.Suggestions such as building a long-term mechanism for joint meetings,establishing an environmental protection police system,and improving evidence conversion rules are used to improve China ’s existing environmental "two-law convergence " mechanism and realize the seamless connection of environmental " two laws " as soon as possible.