Study On The Legal System Of Transfer Of Environmental Illegal Cases In China

In recent years,with the completion of the amendment of the Environmental Protection Law of the People's Republic of China on April 24,2014,the transfer of cases of environmental violations has been strengthened.In the process of combating environmental illegal acts,due to the lag of relevant legislation and the limitation of operability,the connection between the administrative law enforcement of ecological environment and criminal justice has become increasingly prominent.On December 24,2014,the Ministry of Public Security,the Ministry of Industry and Information Technology,the former Ministry of Environmental Protection,the Ministry of Agriculture and the former General Administration of Quality Supervision,Inspection and Quarantine jointly issued the Circular on the Issue of the Interim Measures for the Transfer of Environmental Illegal Cases in Administrative Detention by Administrative Departments,which stipulated the procedures and contents of the transfer of environmental illegal cases to guide the development of relevant work.Nevertheless,due to the strong professionalism of the administrative law enforcement of the ecological environment,and the different nature,quantity and discharge forms of pollutants in different cases of environmental violations,the transfer of environmental violations is obviously different from other cases of administrative law enforcement.In practice,it is often faced with such problems as difficult to transfer and difficult to obtain evidence.In addition,with the increasing emphasis on ecological environment protection and the development of many rounds of central environmental protection supervision,local Party committees and governments have become more and more aware of the responsibility and responsibility for the ecological environment,and the interference of environmental protection administrative law enforcement from the local economy has become less and less.Therefore,the focus of the transfer of environmental illegal cases in China has shifted from the historical "no moving,difficult to move,penalty instead of punishment" to how to smoothly carry out the transfer work in the actual work and better punish the illegal subjects.In this regard,this paper takes the grass-roots ecological environment administrative law enforcement as the background,through the analysis of relevant representative cases,to analyze the transfer system of environmental violations.Firstly,starting with the connotation of the transfer of Environmental Violation cases,this paper clarifies the definition and characteristics of the concept of environmental violation cases and transfer,then analyses the existing transfer system,and expounds the transfer subject,receiving subject and specific transfer content of environmental violation cases in practical work.Secondly,the present situation of transfer of environmental illegal cases in China is analyzed.Firstly,from the perspective of relevant legislation and policy documents,the content of transfer of environmental illegal cases related to existing laws,departmental rules and regulations is discussed.Secondly,the transfer of environmental illegal cases in the current practice of ecological environment administrative law enforcement is analyzed,and environmental illegal cases in recent years are found through data comparison.The number of transfers has been increased,and the focus of the transfer problem should be shifted from "whether to transfer" to "how to transfer smoothly"due to the establishment of relevant mechanisms.Then it puts forward the existing problems in the transfer of environmental violation cases in China.Firstly,the existing laws,regulations and departmental rules on environmental protection all emphasize the principle of administrative pre-evaluation of the transfer of Environmental Violation cases.That is,after administrative penalties are imposed on the illegal acts,the relocation is decided on the basis of the judgment of the seriousness of the violations and the way of pollutant discharge.Send.This leads to the difficulty of transferring some environmental pollution crimes which are difficult to carry out administrative punishment in practical work,and the illegal acts can not be effectively punished.Second,because the relevant legal provisions are not specific enough,on the one hand,it leads to different enforcement results when the same illegal act violates many laws at the same time;on the other hand,the legal provisions of evidence transformation are not detailed enough,which increases the difficulty of proof when transferring environmental illegal cases in practical work.At last,according to the question,this paper suggests that the first is to add relevant content to the department rules and regulations,to clarify the way of transferring environmental illegal cases which are difficult to realize the pre-evaluation of administration;the second is to improve the choice of legal practice,and to deal with illegal acts in accordance with the principle of priority in the enforcement of ecological environmental administrative law.That is,when an illegal act violates several laws at the same time,it needs to be investigated and dealt with according to the legal basis that may lead to the most serious consequences;the three rooms,through the restraint of department rules and regulations,enhance the operability of the conversion of administrative law enforcement and criminal justice evidence,and establish a seamless transformation mechanism from administrative law enforcement evidence to criminal justice evidence.Through the above analysis and suggestions,this paper improves the transfer system of environmental illegal cases in China,further strengthens the operability of the transfer of environmental illegal cases,and promotes the development of ecological environment protection.