Research On The Connection Between Environmental Protection Administrative Law Enforcement And Criminal Justice

In order to further effectively solve the problems such as the lack of establishment of cases,the difficulty in removing cases,and the poor connection between environmental protection administrative law enforcement and criminal justice,the measures on the connection between environmental protection administrative law enforcement and criminal justice were issued in 2017,which provided legal basis.However,it is urgent to solve such problems as imperfect case transfer mechanism,lack of clear and specific legal basis for the transformation of administrative evidence and criminal evidence,weak legal supervision of procuratorial organs and insufficient judicial operation of environmental resources in the connection mechanism between administrative enforcement of environmental protection and criminal justice.In view of these problems,based on the preliminary research data and relevant references,this paper puts forward the corresponding countermeasures and improvement paths from the three aspects of legislation,judicature and law enforcement.In the aspect of legislation,through criminal legislation and administrative legislation,solve the conflicts and scattered problems between superior law and inferior law,and clarify the specific requirements and rules for the mutual transformation of administrative evidence and criminal evidence;We will put in place a cohesive mechanism between administrative punishment and criminal punishment,including the principle of "no further punishment for incidents" and the principle of "subject to conditions and punishment".In the aspect of judicature,the supervision function of procuratorial organ in investigation should be brought into play by perfecting the system of procuratorial organ intervening in advance.We will effectively implement the system of "three trials in one",clarify the subject qualification and status of litigation,and unify filing standards.The system of accountability and punishment should be implemented to prevent the phenomenon of favoritism and fraud in the process of environmental administrative law enforcement.In law enforcement,the establishment of a comprehensive system of discussion,strengthen the organization and leadership of the comprehensive coordination between departments;Improving the operation mechanism of the information sharing platform to ensure the interconnection between departments on environmental crimes;Wewill establish a training system for regular joint meetings to enhance oversight and collaboration among departments and improve the professionalism of judicial law enforcement personnel.So as to ensure the smooth connection between environmental protection administrative law enforcement and criminal justice.