Research On The Connection Between Environmental Administrative Law Enforcement And Criminal Justice In China

In 2017,China issued the measures for the connection between administrative law enforcement of environmental protection and criminal justice,which is undoubtedly a good medicine for the chaos of non establishment of cases and punishment instead of punishment in environmental cases in China for a long time.However,after the establishment and operation of the linkage mechanism between administrative law enforcement and criminal justice of environmental protection for a period of time,the problems such as the low rank of the linkage system in the law,the difficulty of operability,the standard of transfer time,the transformation of evidence and the unclear linkage leading organization gradually appear.At the same time,the supervision power of procuratorial organs is not in place,which makes the connection between environmental administrative law enforcement and criminal justice not smooth,and the information transmission is not smooth.Therefore,based on the current situation of the connection between environmental administrative law enforcement and criminal justice,this paper studies and considers the problems related to the connection between environmental administrative law enforcement and criminal justice by using many interpretation methods in legal hermeneutics.Through a series of legal interpretation methods,the standard responsibilities of the procuratorial organ are clarified in the main body of the system;the relevant laws and regulations on the connection of environmental administrative law enforcement and criminal justice are improved at the legal level,and the guiding role of the law is strengthened;as for the specific solutions,the information sharing platform for the notification mechanism of major cases is established,the joint meeting system and the professional environmental protection police system are established.At the same time,under the cohesion system,we should distinguish the transfer subject,acceptance subject,prescription and evidence standard of environmental crime cases,and clarify the status and transformation mode of administrative evidence.In addition,in the aspect of external supervision,we should strengthen the supervision of the environmental law enforcement agencies over the transfer of suspected environmental crime cases,improve the mechanism of filing,investigation,prosecution and punishment of such cases,and ensure that human factors do not have adverse effects on the connection of administrative law enforcement and criminal justice of environmental protection.The foreword of this paper gives a brief introduction to the connection between environmental administrative law enforcement and criminal justice.This paper introduces thecurrent situation and content of the connection between environmental administrative law enforcement and criminal justice in China,expounds its important significance for judicial practice and coping with the worsening ecological environment crisis,and puts forward the importance of establishing a long-term mechanism of system connection.Therefore,the main body of this paper is divided into four parts to systematically discuss the relevant contents of environmental administrative law enforcement and criminal justice.First of all,it traces back the legislative purpose of environmental administrative law enforcement and criminal justice,analyzes its theoretical basis,in order to provide theoretical support for the correct use of the system in practice.This paper defines the related concepts of environmental administrative law enforcement and criminal justice,and analyzes the connection mechanism of environmental administrative law enforcement and environmental criminal justice,environmental administrative law enforcement and criminal justice in detail,including the transfer procedure,acceptance procedure and supervision procedure of environmental cases.Secondly,on the basis of the previous part,this paper expounds the legislative status of environmental administrative law enforcement and environmental criminal justice,and combing the implementation status of environmental administrative law enforcement and criminal justice with Hebei Province as an example.Thirdly,based on the data shown in the bulletin of the state of China's ecological environment,this paper analyzes the main problems in the process of the connection between environmental administrative law enforcement and criminal justice at this stage,and analyzes the existing problems of the connection between environmental administrative law enforcement and criminal justice and the multi-level causes of the problems from the authority and consciousness levels of the environmental protection department,the public security department and the procuratorial department.Finally,based on the multi-level reasons for the connection between environmental administrative law enforcement and criminal justice,this paper puts forward countermeasures to solve the problems in the connection between environmental administrative law enforcement and criminal justice from the aspects of connection mode and connection procedure,such as formulating high-level environmental laws and regulations,improving the connection mode of environmental administrative law enforcement and criminal justice,and improving environmental administrative law enforcement In order to strengthen the operability of the connection procedure of environmental administrative law enforcement andcriminal justice from the legislative,law enforcement and supervision levels,it is necessary to strengthen the supervision of environmental administrative law enforcement and criminal justice connection cases,and to implement the supervision of procuratorial organs over the transfer of suspected environmental crime cases by environmental law enforcement organs.