Research On The Cohesive Mechanism Between Administrative Law Enforcement And Criminal Justice In Environmental Cases

The environment for human beings is not only the basis of survival,but also the need for development.Environmental protection plays an important role in the comprehensive construction of socialist modernization and the realization of harmonious coexistence between human beings and nature.At present,China’s environmental protection mostly uses administrative means,and criminal means are only supplementary measures,resulting in a large number of environmental administrative cases and a small number of environmental crime cases.The act of damaging the ecological environment is not strongly punished,which is not conducive to promoting the construction of ecological civilization in China and achieving green and sustainable development.The smooth promotion of the cohesive mechanism between administrative law enforcement and criminal justice of environmental cases is conducive to the entry of environmental crime cases into the criminal justice stage,which makes environmental cases get fair and just treatment,thus better highlighting the legal protection of the environment.However,because of the interdepartmental and cross-functional cohesive mechanism of environmental cases,there are many problems in the process of the cohesive mechanism.Therefore,it is necessary to study the cohesive mechanism between administrative law enforcement and criminal justice in environmental cases.Based on the literature research method,textual analysis method and empirical analysis method,this article finds relevant literature,data and cases to effectively clarify the current legislative status and practice of the cohesive mechanism between administrative law enforcement and criminal justice in environmental cases,and summarizes the six problems of legislation,enforcement,evidence,procedure,information sharing and supervision in the cohesive mechanism between administrative law enforcement and criminal justice in environmental cases,and then Then,we analyze the problems in depth and try to explore the suggestions to solve the problems of the cohesive mechanism between administrative law enforcement and criminal justice in environmental cases.Firstly,the legal system of the cohesive mechanism between criminal and administrative law should be improved,the coordination between environmental criminal law and environmental administrative law should be realized,the level of effectiveness of the legal norms related to the cohesive mechanism between criminal and administrative law in the environmental field should be enhanced,and the interface between criminal and administrative law in environmental cases should be guaranteed to have rules to follow and laws to follow.Second,the construction of environmental law enforcement should be strengthened to reduce the dependence of environmental law enforcement agencies,while not ignoring the quality of environmental law enforcement officers.Third,should improve the transfer of cases articulation procedures,the establishment of a strong transfer of coordination departments to ensure the coherent handling of cases.Fourth,the construction of an information sharing platform should be improved to break the information barriers between environmental administrative law enforcement agencies and criminal justice agencies and to achieve interconnection of information on environmental cases.Fifth,we should solve the problem of evidence in the cohesive mechanism,from the timely fixing of evidence after the discovery of environmental crime clues,to strengthen the probative power of evidence when conducting environmental damage identification,and then to achieve the conversion of environmental administrative evidence into criminal evidence,so as to promote the process of the cohesive mechanism between the administrative law enforcement and criminal justice of environmental cases.Sixth,we should improve the supervision mechanism of the case cohesive mechanism,internal supervision,procuratorial supervision,supervision by supervisory and public supervision of multiple subjects in parallel,so that the environmental damage and connivance of environmental damage has no place to hide.