Research On The Connection Of Administrative Law Enforcement And Criminal Justice In Environmental Protection Cases

At present,there are still many problems in the operation of the connection mechanism between administrative law enforcement and criminal justice of environmental protection cases in China.The author investigates the present situation of the connection mechanism between administrative law enforcement and criminal justice of environmental protection cases at the aspects of legislation,policy and practice in China,and finds that the main problems are as follows:the phenomenon of replacing criminal punishment with administrative punishment is common;the environmental local protectionism is serious;the comprehensive quality of environmental administrative law enforcement personnel needs to be improved;the Public Security Organs are not standardized in dealing with environmental illegal and criminal acts;the supervision function of procuratorial organs has not been effectively played;the connection between administrative evidence and criminal evidence is difficult;and the sharing of information between the main bodies is not comprehensive.Through the analysis,we find that the causes of the problems include:the existing legal norms are not perfect enough to play their due role;the interests of the subjects who link up the execution of environmental protection cases are inconsistent;the external supervision in the process of handling environmental protection cases is weak and the characteristics of environmental protection cases themselves are the reasons.Through the analysis of the existing theory and basis of the connection between administrative law enforcement and criminal justice in environmental protection cases,and drawing lessons from the relevant practice of foreign countries,it is concluded that the following aspects should be improved:the main scope of the connection mechanism should be expanded.Legislative organs should formulate a comprehensive law on the mechanism and procedures of the convergence of provisions.Special attention should be paid to the construction of information sharing mechanism,evidence convergence mechanism,accountability mechanism and public participation mechanism.It is necessary to optimize the organizational structure of environmental administrative law enforcement agencies.In the supervision of the connection of punishment,we should activate the supervision of legislative organs,strengthen the legal supervision of procuratorial organs,speed up the supervision of discipline inspection and supervision organs,refine the internal supervision of-environmental administrative organs,and encourage the supervision of society and public opinion.The innovation of the article lies in increasing the disciplinary inspection and supervision organs and the judicial organs as the main body of-the connection mechanism;emphasizing that the Quasi-judicialization of environmental administrative law enforcement organs and the environmental protection police system should be implemented in stages in order to enhance the strength and effectiveness of environmental administrative law enforcement;Strengthen the application of law enforcement inspection,inquiry,inquiry and other means,encourage social and public opinion supervision,and introduce third-party supervision mechanisms such as environmental protection organizations into the joint work of environmental protection cases.