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A Research On The Linking Mechanism Of Environmental Administrative Law Enforcement And Criminal Justice

Posted on:2021-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:K T ZhengFull Text:PDF
GTID:2381330602995700Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Our country is in the important transition period of economic development,facing the double pressure of increasing economic development pressure and raising environmental protection demands.Although the mode of economic development in our country is changing,the concept of development at the cost of endangering the ecological environment still exists widely.These environmental crimes have greatly damaged the interests of the people and brought great harm to the sustainable development of our economy and society.The high incidence of environmental criminal offences is due to the insufficient control and crackdown on environmental criminal offences in our country,and the lack of sufficient deterrent effect of environmental administrative penalties with fines as the main means to warn criminals.The lack of supervision and control of environmental law enforcement,the lack of law enforcement personnel to carry out their duties,and the inability to effectively punish environmental crimes;combined with the failure of the link mechanism between environmental administrative law enforcement and criminal justice(hereinafter referred to as the link mechanism of environmental "two laws "),the low transfer rate of environmental criminal cases has greatly reduced the quality of environmental protection in China.The author studies the connection mechanism of environmental administrative law enforcement and criminal justice,and discusses the environmental protection work.This paper is divided into six chapters.The first chapter is introduction,the main research background and significance.The present situation of research at home and abroad is analyzed and understood,so as to have a deeper understanding of the subject research;Chapter two,the theoretical basis of the linking mechanism of environmental "two methods ".This paper mainly discusses the meaning of the connection mechanism of environmental "two laws" and the characteristics of the connection mechanism of environmental "two laws ".It mainly studies the environment There are some problems,such as the low level of legislation,the poor rules of transfer procedure,the vague rules of application of environmental case evidence and the rigidity of procuratorial supervision,which also cause the poor control effect of environmental crime.This paper mainly studies the problems of poor transfer of environmental cases,mere formality of procuratorial supervision,obstacles of information sharing and poor coordination of departments in the process of linking the two laws in China.This paper mainly discusses how to raise the rank of legislation,refine the procedure of linking up,and make clear the application of evidence The sixth chapter is the countermeasures to perfect the practice of "two laws" of environment.This paper mainly studies the supervision of environmental case transfer,the examination of procuratorial supervision function,the improvement of information sharing mechanism,and the dredging of department contact channels.
Keywords/Search Tags:Environmental law enforcement, environmental crime, convergence, criminal justice
PDF Full Text Request
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