The Convergence Mechanisms Of Administrative Enforcement And Criminal Justice

The convergence of administrative enforcement and criminal justice has been proposed a long time ago, but the result is not satisfactory, especially in the field of ecological environment, it has numerous difficulties. Deterioration of the ecological environment spurred people to reflect on the reasons and preset the mechanism, so far the most effective way is the legalization of the mechanism, and make it run.This paper is divided into three parts:The first part mainly Given the domestic scholars’ study on the convergence issues in the field of ecological environment is still at the preliminary exploration, the author starts from the basic theory to card and define four concepts: the ecological environment, the administrative enforcement of ecological environment, the criminal justice of ecological environment and the convergence of administrative enforcement and criminal justice.The author believes that the administrative enforcement and criminal justice of ecological environment are dynamic processes, the convergence of the two is also dynamic, so it should be defined from the aspects of subject, purpose,content and behavior characteristics, etc.The second chapter is the analysis of the plight and its causes about the convergence of China’s administrative enforcement and criminal justice of ecological environment,expounded from four aspects: the irrational legal system, the conflicting power configuration, the lack of regulation of external convergence program, and the lack of third-party power.The irrational legal system reflects in two aspects: the irrational legislation of the convergence, and the irrational of ecological environment legislation itself;The main conflicts of power configuration reflect in three aspects:the law enforcement crisis leading from the dual leadership, the administrative subordinate characteristic of criminal powers;The lack of regulation of external convergence mechanism is mainly due to lack of standards and procedural norms on the transferring of cases and the transformation of evidences;The lack of third-party power reflects supervision issues, primarily expounded from two aspects: the lack ofthe power supervision of procuratorial organs and the right supervision of citizen.The third chapter is to research the establishment of the convergence mechanism of ecological environment.Based on all of the foregoing findings, the convergence issue can not simply solve a fragment problem, it should grasp from the macro and go into the details. Therefore, this paper expounds from four parts:the establishment of environmental monitoring system, the mechanisms of information sharing and case notification, the mechanism of transferring cases, and auxiliary convergence mechanisms Coordinating a unified environmental monitoring system is the basis of administrative enforcement and criminal justice, and is the method to solve the simplification and chasm of the cases in the process of convergence. Through openness and sharing of environmental monitoring information, can make the ecological environment cases found in diversification. Environmental monitoring system should be unified and standardized, so as to form a balancing system with the basis of public authority and the optimization of private authority, and to fix details from practitioners and agencies’ establishing qualification requirements, operational standards and specific procedures, etc.The information sharing and case notification mechanism is designed of the building of information-sharing platform,the information classification, and the legal consequences, etc.The mechanism of transferring cases expounds from two aspects: the enactment of subjects and procedures, as well as the specific procedures and contents about the transformation of evidences.