The Research On The Transfer Of Criminal Cases In Environmental Administrative Law Enforcement

In October 2014,the fourth plenary session of the 18th CPC central committee of the communist party of China proposed in The Decision of the CPC Central Co mmittee on the Major Issues of Comprehensively Promoting the Rule of Law that"Deepen reform of the administrative law enforcement system,and improve the coh esive mechanism of administrative law enforcement and administrative judicial cohes ion,perfect the standards and procedures of case transfer,establish the information sharing,case notification and case transfer system of administrative law enforcement organs,public security organs,procuratorial organs and judicial organs,and impleme nt a seamless connection between administrative penalties and criminal penalties" I n January 2017,the Environmental Protection Department,the Ministry of Public S ecurity and the Supreme People's Procuratorate jointly develop the Environmental P rotection Administration Law Enforcement and Criminal Justice Connection Work M ethod(hereinafter referred to as "connection method"),in order to provide basis for further effectively solving the such serious problems in the field of environmental p rotection as failing to set cases,to move them,and substituting fines for criminal p unishment.Environmental administrative law enforcement and criminal justice are two imp ortant means of ecological environmental protection,and their cooperative operationi s the basic rule of law guarantee for China's environmental protection and ecologic al civilization construction.From the current practical operation,the three departmen ts of environmental protection,public security and procuratorial work are "seamlessl y connected",and the state of cooperation in dealing with the illegal and criminal behavior of the environment is still in a hard breaking-in period.As the necessary link and core of the two laws in the field of environmental law,the procedural iss ues of the transfer of criminal cases in administrative law enforcement have alway been the key and difficult points in the connection between the two laws.In order to thoroughly solve the problems of the case transfer procedures,a legal mechanis m should be established which is feasible,effective and outstanding.There are many difficulties in the construction of the transfer procedure of cri minal cases in environmental administrative law enforcement.The current legislation has a vague definition of criminal prosecution of environmental crimes,which make s the transfer have no law as basis.The transfer standard of the offence case is mi xed with the standard of the crime,causing the transfer to be blocked;in practice,local protectionism interferes,which causes frequent occurrence of the case being u nmoved and replacing criminal punishment for fines.Environmental illegal evidence has difficulties in transformation and applicable use,and the use of information sha ring platform is inefficient,which lead to a case to be unmoved;furthermore,the a bsence of procuratorial supervision leads to the failure of the case transfer procedur e.The correction of procedure failure should reduce the difficulty of the case tra nsfer by clarifying the incriminated standard of environmental criminal cases and th e standard of transfer.At the same time,the administrative cases and criminal evid ence rules should be unified to take collection and transformation procedures of cri minal evidence and administrative evidence of different standard specifications such as direct transformation,investigation transformation and reinvestigation.The transfer procedures of criminal cases in the environmental administrative law enforcement sh all be preliminarily constructed,and the system of notification of administrative viol ations,the first trial of case transfer system and the early intervention system of pu blic security shall also be established.In addition,it is supported by the national u nified information sharing platform and multi-level procuratorial supervision mechani sm.In today's environmental legislation system being increasingly perfect,to closely kni t the net of the administrative law enforcement and criminal justice and to improv e the transfer procedures of criminal cases in administrative law enforcement are co nducive to perform protection function of criminal justice for environmental law be nefit.Lots of the environmental pollution behaviors that are seriously harmful are s ent from administrative law enforcement organs to criminal justice organs,which co uld broaden the sources of criminal cases,and is conducive to timely discover and hit the environment crime,forcing more environmental criminal case surfaced and p rompting environmental pollution units with "no hitting,no pain,no fear".The phe nomenon of low illegal cost is fundamentally reversed and it provides strong judici al protection for ecological environmental legal interests.