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

With the rapid development' of social economy,environmental problems have become a huge stone in people's hearts.Under such a background,it has become an urgent task to rectify environmental problems and actively promote the link between environmental 'protection administrative law enforcement and Criminal Justice(hereinafter referred to as "the two laws").In the field of environment,China's "two-law convergence" mechanism started relatively late,the development process is also relatively slow.In practice,the problems such as low transfer rate of environmental cases,difficult evidence transformation,inefficient operation of supporting mechanism,and ineffective supervision are highlighted.This paper is divided into three parts:Introduction,text and conclusion.Among them,the main body of this article is mainly composed of four chapters.The first chapter makes clear the concept and main content of the "two laws linking up" mechanism of environmental protection,and combs the relevant legal basis.The connection of the two laws mainly includes not exceeding the authority of each department and Transferring and communicating of each department's cases.The concrete connection mechanism includes three aspects:case-handling coordination mechanism,supervision mechanism and necessary safeguard mechanism.According to the objective situation of our country,this paper expounds the practical significance of establishing the mechanism of "two laws linking up".The second chapter elaborates the current situation of the connection of the two laws in environmental protection from the aspects of legislation and relevant supporting system.In recent years,although our country has obtained the good result in these two aspects.However,the problems that still exist in the "two laws linking up" mechanism in the field of environment can not be ignored.Chapter ? on January 25,2017,following the promulgation of the working methods for the interface between administrative law enforcement and criminal justice in Environmental Protection(hereinafter referred to as the "working methods"),the Ministry of Environmental Protection,the Ministry of Public Security and the Supreme People's Procuratorate jointly issued the working methods on the link between administrative law enforcement and criminal justice in environmental protection,document number 201717.Although China has made a breakthrough in the 'connection between the environmental law and the environmental law,there are still many problems in practice.For example,the disharmony of legal norms,the incompleteness of rules on evidence collection and transformation,the lack of specialized law enforcement teams,the lack of supervision,the absence of reward and punishment mechanisms and accountability mechanisms,as well as the lack of information sharing.These problems not only restrict the progress and implementation of the "two laws linking up",but also do not help to curb environmental crime.The Fourth Chapter analyzes the causes of the problems from the subjective and objective aspects on the basis of clarifying the existing problems of the "two laws linking"mechanism.In the fifth chapter,on the basis of our country's administrative law enforcement and judicial practice,the author puts forward some feasible measures to solve the problems in the connection mechanism of the two environmental laws.It includes perfecting the relevant legislation,perfecting the evidence transformation system,popularizing the environmental police system,establishing and perfecting the examination incentive mechanism and the responsibility investigation mechanism,perfecting and implementing the supervision mechanism,perfecting the online information sharing platform and so on.The mechanism of "linking up the two laws"of environmental protection is a comprehensive project which integrates various contents such as the link of departments,evidence,information and supervision.The implementation of the "link between the two environmental laws" needs to be based on the system,with evidence as the core,with the platform as the support and with supervision as the focus,through the multi-pronged approach to achieve the environmental field of the two law seamless convergence.