Research On The Linkage Mechanism Between My Country's Ecological Environment Administrative Law Enforcement And Criminal Justice

In the 1980 s,Deng Xiaoping put forward the call of "adhering to economic construction as the center".In this short period of several decades,China’s economic has risen year by year,and it has achieved remarkable achievements in the world.However,behind the glory,there are hidden challenges of ecological environment.Professor Qi Wei once described China’s environmental conditions: "The ghost of environmental pollution is rampant in China’s urban and rural areas.Wherever it goes,it is smog-filled,rivers are polluted,mountains and rivers are discolored,and families are broken".Green mountains disappear,green water does not flow.The development mode at the expense of the environment is ultimately unsustainable.Unprecedented resource consumption,ecological degradation,and environmental pollution are intertwined,which will form a huge test for China’s ability to move toward a well-off society and toward developed countries.Therefore,China must pay full attention to the issue of ecological environment governance.For a long time,China’s ecological environment governance work relies on administrative measures,and the proportion of criminal measures to solve environmental problems is low.Professor Wang Shuyi once counted that between 2002 and 2011,the number of environmental administrative punishment cases in China totaled 964,755,and the number of destroyed environmental resources criminal cases which have been judged was less than 10% of the former,only 81,435 pieces.Among them,there were only 109 cases under an accusation of "serious environmental pollution accident crime(environmental pollution crime)".We can’t help thinking about why the environmental conditions are getting worse every day.Why is it that it is difficult to curb environmental pollution by applying a large number of administrative penalties?In fact,the repeated destruction of the ecological environment has exposed the problem of poor environmental administrative supervision.This problem has long been suggested: the existing administrative punishment measures is not severe enough,and the punishment is not strong,which means that the illegal cost is too low,and it is difficult for the violators to form sufficient deterrent.In order to solve this problem,the judicial practitioners have explored the connection mechanism of administrative law enforcement and criminal justice in the field of ecological environment according to the actual needs of environmental governance.Since China’s legal structure has a special construction,it has formed a criminal accountability system with large difference between administrative and criminal,and the establishment of the "two-law connection" mechanism of the ecological environment has established a bridge between the two legal systems,and the punishment of environmental crimes has been more comprehensive.Regrettably,this mechanism has not been effective for many years and has not played its due role.The reason is that although the connection mechanism has been established,the system construction is relatively rough,and the details of the process of connection have not been clarified,which has led to many obstacles in practice.Based on this reality,this essay absorbs the research results of domestic and foreign scholars,and based on the basic characteristics of environmental issues,the basic requirements of administrative law enforcement and criminal justice procedures,and the basic theories of the rule of law and state responsibility.It analyzes the practical problems of the operation of the mechanism from many aspects existing in the connection mechanism of between administrative law enforcement and criminal justice.This essay argues that at the entity level,the absence of law is the main reason,which performs as: firstly,the legislative hierarchy involving the "two-law connection" is relatively low,the current conviction standards for environmental crimes are relatively rough and depend on the administrative punishment pre-procedures,etc.Secondly,at the procedural level,due to different positions,the administrative and judicial authorities have barriers in identify evidence materials,and the supervision mechanism and transfer procedures are not suitable for practical work.In addition,the technology and costs of identification,environmental protection awareness and other factors can have a greater impact on the operation of the "two-law connection" mechanism.The key points to solve the above problems are: first,formulate relevant laws and regulations,improve the legal hierarchy,amend environmental crime provisions,and establish a criminal responsibility commitment method that meets the actual needs of punishing environmental crimes;second,promote the reform of environmental protection departments,to ensure its independence;third,pay attention to the role of procuratorial supervision,and promote the specialization of environmental justice in the public security,procuratorate and court;fourth,accurately grasp the evidence standards,improve the connection of evidence and other procedures;fifth,on the technical level,establish a unified identification standard,promote the cost reduction in identification,establish an information sharing responsibility system,implement the corresponding powers,continue to promote environmental education in the mind,and mobilize the masses to participate in environmental governance.