Administrative Enforcement Of Environmental Crimes And Criminal Justice Cohesion Mechanism Study

With the continuous deepening of the reform and opening-up policy,the Chinese economy has been completely integrated into the world economic system.The total volume of China's GDP grows every year with distinct growth rate of various economic indicators,demonstrating prosperity nationwide.However,meanwhile,we could also see that a large amount incidences of serious pollution and damaging of the natural ecology.Numbers of environmental crimes stand high with increasing cases and amount of environmental administrative punishment.Still,the adoption of criminal judicature procedures in environmental protection appears to be rare or even disappearing with only a few cases of criminal ruling by the court against environmental crimes every year.The widely-exposed events of exceeding blood lead,smog and cancer village have seriously impacted public credibility of the government,the authority of the judiciary system.There are increasing factors of instability in social contradictions with the frequent outburst of group events and petitions caused by environmental pollution.Life,property and legal rights and interests of the people couldn't be guaranteed.A stable and harmonious social environment is also under serious impact.As the most severe sanctions,the environmental criminal law hasn't ensure administrative law enforcement,nor has it exerted powerful deterrence by punishing crimes against the environment.Its role in preventing those crimes has been empty and weak.At present,the judiciary role of the law has been inefficient while administrative punishments are frequently used as the main mean of punishment with commonly-seen practice of malpractice,lenient enforcement,refusal or difficulty of transferring cases to public security organs,and replacing criminal sentences with fines.Thus,the efficient and smooth cohesion between administrative law enforcement and criminal judicature is a key measure to protect the environment and restoring a green and natural ecology.This paper mainly studies and discusses the cohesive mechanism between administrative law enforcement measures and criminal judicature procedures.From the perspective of China's current reality,it discusses the conceptual and functional disparity between the application of environmental administrative law and the criminal litigation procedure.Given the status quo,plight and reasons of the cohesion between the two,we could borrow mature environment law enforcement experiences from the Environmental Protection Department and Government Laboratory of Hong Kong and developed countries in Europe and Northern America to solve the cohesion symptoms in China so as to ensure the division of labor,coordination and individual responsibilities of “administrative law enforcement power” and “criminal judicature power”.This article attempt to suggest a cohesion mechanism between administrative enforcement and criminal judicature suitable for China's practical condition from the angle of the integration of information-sharing platform,the establishment of in-advance intervention system,the scope of case-filing and acceptance,standards of documents transferring,the collection,transmit,adoption of evidence,the team-building of professional environmental police and the cohesion supervision mechanism of various levels and departments.