The Cohesive Mechanism Within Environmental Administrative Law Enforcement And Criminal Justice In China

Our citizens,living in the land of 9.6 million square kilometers,are suffering from serious environmental issues,for example,global warming,ozone depletion,Acid Deposition,freshwater resources crisis,garbage disaster,energy poverty and forest resources poverty,land desertification and the rapid extinction of species.Human living environment is worsening from the previous picturesque scenery to the present pollution haze,with a sharp reduction of the resource.The current reality is really worrying.In some cities which are blanketed in Toxic Haze,such as Beijing,students' activities can only be carried out in the stadium.Freely running and happy smiles in the outdoor playground in former days has been rarely seen.What is worse that the schools must be closed because of the haze.Environmental issues have seriously affected human existence,and have brought unprecedented challenges to a country's socio-economic development.In the field of news media,the journalist Chaijing came out Under the Dome,which shows the severe haze problems to the public in a form of a documentary film again.However,it is worth pondering that the number of cases of administrative sanctions in the form of administrative management has reached the mass.From 2005 to 2007,the number of cases of environmental administrative sanction decisions was 93625,92404 and 10135.At the same time,in the judicial practice,the number of environmental criminal cases is one in 2005,two in 2006 and in 2007 and 2008 is also a case respectively.From the several sets of data,it can be drawn that although our country is making continuous improvement in criminal legislation,there is a big difference the difference between the number of cases of environmental administrative penalties and criminal penalties.This difference demonstrates environmental criminal law has not been effectively applied.In the treatment of severe environmental issues,criminal justice is not fully effective.Therefore,it really gets people thinking the problem of cohesive mechanism within administrative law enforcement and criminal justice is whether running effectively.And the existence of the problem will only make the environment continues unabated.Therefore,based on theories of environmental issue's multidimensional feature,administrative offense characteristics,and the coordination between administrative law enforcement and criminal justice;Meanwhile,through the analysis of the problem within existing the cohesive mechanism within environmental administrative law enforcement and criminal justice,there are several aspects should be improved in order to complete the whole law system.Firstly,we should start from ideological roots and establish cohesion consciousness.Only when the cohesion consciousness becomes the general knowledge,cohesive mechanism can operate effectively.Secondly,we should start from legislative norms.The issue of blank facts about a crime needs to be solved.What is more,we also should solve the conflict between environmental administrative penalties and criminal penalties.The relevant legislative organizations should strive to realize strict legislation,establish a set of scientific and reasonable law that can make up law system and complete unified regulations for of the cohesive mechanism within environmental administrative law enforcement and criminal justice.The third dimension,we will improve the efficiency of law enforcement based on cohesive mechanism supporting facilities.The legislative organization should perfect cohesion's basic work,ensure the independence of environmental administrative law enforcement agencies;further improve the information exchange platform.Regarding to the evidence collection and apply,law enforcement agency have to ensure the effective operation of joint law enforcement,establish effective liaison system and actively promote the joint law enforcement experience.Finally yet importantly,we should also pay attention in supervision system.We should complete the whole system in terms of supervision content and supervision method.Meanwhile,relevant agency also needs strictly manage duty crimes in the process of cohesion.