Research On The Linkage Between Evidence Of Environmental Protection Administrative Enforcement And Criminal Evidence

With the frequent occurrence of environmental pollution accidents and environmental disputes,China is currently facing a severe environmental situation.Environmental pollution crimes have a certain degree of particularity.It is often the first contacted and investigation by the environmental protection department.The actor's behavior are closely related to criminal offences.The administrative law enforcement agencies and the criminal justice agencies have different degrees of difference in the dimensions of value pursuit,basic principles,and enforcement procedures.Therefore,there are certain difficulties in the connection between evidence of environmental protection administrative enforcement and criminal justice.As a result,the phenomenon of “penalty for punishment” is relatively common.As the basis of administrative law enforcement and the basis of conviction and sentencing in criminal justice,Evidence is one of the core elements in the "link of Two Laws" China's "Criminal Procedure Law" has already recognized the use of some administrative law enforcement evidence in criminal proceedings.The problem of poor convergence of evidence is still very obvious at the level of legislation and practice.It has become an important issue affecting the "link of two laws" in the field of environmental protection.This article follows the following line of thought and discusses the problem of linking evidence in the field of "link of two laws"The first part: It mainly outlines the convergence of environmental protection administrative law enforcement and criminal justice evidence.Firstly,this research describe the meaning of environmental protection administration and criminal justice/the connection of environmental protection administrative law enforcement and criminal justice /connection of environmental protection administrative enforcement and criminal justice evidence.And explain the intrinsic relationship between them.Secondly,the article compare administrative law enforcement evidence with criminal forensic evidence and analysis them.After that explain the connotation and difference of the two types of evidence.Thirdly the article briefly summarizes the significance of the evidence convergence mechanism for administrative law enforcement,investigation,evidence review and trial.The second part: Combining the above analysis on the necessity and feasibility of linking environmental protection administrative law enforcement and criminal justice evidence.Firstly this paper analyzes the necessity of linking the two types of evidence from five aspects: the intersection of environmental cases,the intersection of case evidence,the timeliness of case evidence,the special attributes of investigation rights,and the practical necessity of evidence convergence.Secondly,from the three aspects of the nature of evidence,the three elements of evidence,and the form of evidence,the similarities of the two types of evidence are analyzed,and it is proved that the convergence of these two types of evidence is feasible.The third part: Explain the current situation of the link between environmental protection administrative law enforcement and criminal justice evidence,and sort out the problems between the two.Firstly,to sort out the current legislative status of the link between environmental law enforcement evidence and criminal evidence,and then summarize its existing problems in legislation.Secondly,research on the current status of the practice of linking environmental protection administrative law enforcement and criminal justice evidence by five kind of means : 1.physical evidence,documentary evidence,audiovisual materials,and electronic evidence;2.inspection records and inspection transcripts;3.identification opinions;4.monitoring reports,Inspection reports,certification opinions;5.The connection methods and status of the confession and related personnel's confessions and witness testimony.Finally,it summarizes the problems in evidence convergence,inspection,identification,cases,and evidence transfer.The fourth part: To provide targeted measures on how to improve the linkage between environmental protection administrative law enforcement and criminal justice evidence.On the basis of the foregoing discussion,we put forward corresponding suggestions for improving the procedures for filing,investigation,examination and prosecution,and the links between trials and trials,so as to realize the goal of evidence from the stage of administrative law enforcement to the stage of criminal proceedings and ultimately to the role of the trial stage.