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Research On The Connection Between Administrative Law And Criminal Law From The Perspective Of Environmental Pollution Cases

Posted on:2024-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2531307163473514Subject:Science of Law
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In recent years,China’s economic construction level and development speed have been in a state of rapid development,and the development of the ecological environment has also been negatively affected.The ecological environment has gradually become a springboard for rapid economic development and construction.However,based on the current situation,China has not increased the punishment for environmental pollution cases from a legislative perspective.Criminal justice and administrative law enforcement are the main methods adopted in China to combat environmental pollution at present,but they have strong independence in practice,especially in dealing with a series of connection issues between administrative law and criminal law in environmental pollution cases.The connection mechanism between ecological environment administrative law enforcement and criminal justice is not perfect enough,and the connection effect is not smooth enough.This article examines many issues in the connection between administrative law and criminal law from the perspective of typical domestic environmental pollution cases.These issues mainly include two aspects: unclear boundaries between administrative illegal acts and criminal crimes,and inconsistent coordination between administrative and criminal penalties.Explore the legislative,judicial,and law enforcement reasons for the connection between the execution of environmental pollution cases,and then analyze the two aspects of the connection between the execution of environmental pollution cases from a theoretical perspective.Finally,the solution to the problem of linking the execution of environmental pollution cases is proposed from several aspects: improving the crime of environmental pollution,promoting the connection between administrative punishment and punishment,and strengthening the standardization of administrative law enforcement.This article is mainly divided into four parts: : The first part focuses on typical cases of environmental pollution to illustrate the problem of linking execution,mainly including the unclear boundary between administrative illegality and criminal crime,and the problem of inconsistent administrative punishment and criminal punishment;The second part analyzes the reasons for the connection of execution in environmental pollution cases from three aspects: legislative,judicial,and law enforcement.The third part is a theoretical analysis of the connection between the execution of environmental pollution cases,from the theoretical perspective of the boundary between administrative illegal acts and criminal crimes,as well as the theoretical perspective of the connection between administrative punishment and criminal punishment.The fourth part is the solution path to the problem of linking the execution of environmental pollution cases,mainly including improving the crime of environmental pollution,promoting the connection between administrative punishment and punishment,and strengthening and standardizing administrative law enforcement.
Keywords/Search Tags:Environmental pollution cases, Ecological environment, Administrative Law, Criminal law, join
PDF Full Text Request
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