Research On The Linkage Mechanism Between Environmental Administrative Law Enforcement And Environmental Justice

In daily environmental management,environmental administrative law enforcement often appears weak and ineffective,and environmental justice,as a necessary supplement and important guarantee of environmental administrative law enforcement,can not give full play to its judicial initiative.And one of the important reason is that the linkage of environmental administrative law enforcement and environmental justice is not running smoothly because of many factors.This paper will analyze the practice situations and existing obstacles of environmental administrative law enforcement and environmental justice from the relationship between environmental administrative law enforcement and environmental justice,and finally it will be perfect from four linkage mechanisms: the information sharing,procedural linkage,evidence linkage and prosecutorial supervision.The first part of this thesis discusses the relationship between environmental administrative law enforcement and environmental justice,and it is divided into three parts.First of all,it narrates the relationship between the responsibility for environmental administrative malfeasance and the criminal responsibility for environment,it has also been proved that there is a progressive relationship between the two.Secondly,it dissertates the relationship between environmental illegal liability and environmental civil liability,and defines that the environmental public interest litigation fall within the scope of the environmental civil lawsuit.Finally,it describes the relationship between environmental administrative law enforcement and judicial enforcement,and it is clear that environmental administrative enforcement is an important part of environmental justice.The second part,Concentrate on analyzing the practice and obstacle of environmental administrative law enforcement and environmental judicial linkage,which is divided into two parts.At first,it describes the practice situations of environmental administrative law enforcement and environmental judicial linkage through these four departments' linkage work: the environmental administrative departments,the Public security organ,the procuratorate and the people's courts.Secondly,it shows the realistic obstacles of environmental administrative law enforcement and environmental justice,it provides analysis on the main responsibility of environmental justice,the sharing of information,the initiation procedure,the connection of evidence and the linkage of supervision.It is pointed out that China has not formed an effective linkage mechanism yet at present between environmental administrative law enforcement and environmental justice.The last part of the article is based on the analysis of the second part.It perfects the linkage mechanism of the environmental administration law enforcement and the environment justice from four aspects: information sharing,program linkage,evidence connection,supervision linkage.And then it mainly analyses and improves the duties of the main body of the administrative and judicial parties,and try to build an effective linkage mechanism between the environmental administrative law enforcement and the environment justice,and play an active role in the environment justice.