Research On Public Security Administration Punishment Law Applicable Environmental Law Cases

Penalties for public security has more power than administrative penalty and is more manageable than criminal prosecution. But currently, Penalties for public security for environmental violations is not that useful because of some reasons like weak evidence gathering. This paper starts from the analysis of cognizance of violation of public security administration, proposes an evidence collection mode of handling environmental violation cases with the Administrative Penalties for Public Security. The paper is divided into three parts, which includes the followings:Part Ⅰ, analysis of the violation of public security administration. Discusses the concept and composition of the violation of the Public Security Administration Punishment Law, which is divided into four elements drawing on the theoretical system of criminal law, namely the subject, the subjective aspect, the object and objective aspects. Then points out provisions relates to environmental violations which is the30th of the Administrative Penalties for Public Security.Part Ⅱ, analysis some environmental violations that may violate the30th of the Administrative Penalties for Public Security. Summarizes32environmental violations Focus on four aspects of violations as follows, violations of the Water Pollution Control Act, violations of the Atmospheric Pollution Prevention Act, violations of the Solid Waste Pollution Prevention Act, and violations of Radioactive Pollution Control Act, and analyses features of harm of these violations.Part Ⅲ, researches issues about applying Administrative Penalties for Public Security to cases of environmental violation. First sums up problems that exist in practice of environmental law enforcement, and pointed out that the fundamental cause of the problem is that there is no correct and practical mode of investigation and evidence gathering. And then, according to the four elements of violations of the Administrative Penalties for Public Security and combining with the characteristics of these violations, proposes a basic mode of evidence collection of cases containing four proof aspects corresponding to the four elements, under which decomposes into several proof points. At last, analyses and discusses on each proof point and makes out a general method of operation and some related recommendations to complete the proof.