Research On The Connection Mechanism Between Penalty And Administrative Penalty In Environmental Crimes

Environmental criminal punishment and administrative punishment is an effective mechanism to jointly control current environmental pollution behavior and protect ecological environment.However,in the practice of the current system of legislation and law enforcement,environmental cases exist distinguish crime is blurred,criminal punishment and uncoordinated standard prescribed by the administrative punishment,administrative law enforcement officers level is not high in penalty punishment phenomenon exists generally,together with many current environmental pollution case of a class has the characteristics of concealment,multiple,habitual,makes the environment of case in the conduction of the cohesion of obstacles and traps.The reasons for the problems at the legislative level lie in the blank attribute of criminal law of environmental crimes,the unsound cohesive mechanism between criminal justice and administrative law enforcement,and the absence of supervisory mechanism between criminal justice and administrative law enforcement.Therefore,it is necessary to construct the cohesive mechanism between criminal punishment and administrative punishment in environmental crime cases from four aspects: legislative system,judicial application,law enforcement practice and law enforcement supervision.From the perspective of legislative convergence,it includes legal entity convergence and legal procedure convergence.The former mainly refers to the convergence of environmental penalty and act elements of administrative penalty,the convergence of punishment types and the improvement of blank criminal cases in environmental criminal law.The latter includes the convergence of procedural system,contractor and evidence materials.From the connection of judicial application,firstly,we should treat the administrative subordination of environmental criminal law objectively and maintain the independent value judgment of criminal law.Secondly,on this basis,it is necessary to distinguish the application principle of concurrence between criminal penalty and administrative penalty,and to clarify the specific standards and procedures for the concurrent use and selection of criminal penalty and administrative penalty.From law enforcement practice on cohesion and supervision mechanism,establish related closely linked to the administrative law enforcement organs and public security organs of dominance,through the set up information sharing platform,a joint law enforcement team,synchronization to establish supervisory committee,the procuratorial organs of the pluralistic supervision system,and constantly improve the system of environment criminal punishment and administrative penalty cohesion,to protect the ecological environment to establish the trinity system of prevention and punishment.