Research On The Connection And Improvement Of Environmental Pollution Administrative Law Enforcement And Criminal Justice

As an important part of the new type of crime,the crime of environmental pollution has increasingly highlighted its role and natural advantages in punishing environmental damage and pollution.In recent years,China's environment has been deteriorating,the situation is grim,and many major environmental pollution incidents have occurred,but the impact of environmental crime is very limited.In the final analysis,there are problems in the connection between environmental administrative law enforcement and environmental criminal justice,and the linking path is blocked.Although many scholars have attached their essays to the connection between administrative law enforcement and criminal justice,the modern model crime of environmental pollution crime,which has obvious special characteristics and is quite different from traditional crime,has its unique performance and new requirements in the connection between administrative law enforcement and criminal justice.In October 2014,the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China,Decision on Several Major Issues Concerning the Comprehensive Promotion of Ruling the Country by Law,put forward:"Deepening the Reform of Administrative Law Enforcement System,Perfecting the Linking Mechanism of Administrative Law Enforcement and Administrative Justice,Perfecting the Standards and Procedures of Case Transfer,Establishing Information Sharing,Case Notification and Cases among Administrative Law Enforcement Organs The transfer system resolutely overcomes the phenomena of persistent cases,difficult cases and substitution of punishment for punishment,and implements a seamless docking of administrative punishment and criminal punishment.In January 2017,the former Ministry of Environmental Protection,the Ministry of Public Security and the Supreme People's Procuratorate jointly formulated the Measures for Linking Administrative Law Enforcement and Criminal Justice in Environmental Protection(hereinafter referred to as the "Work Measures"),which provided the basis for further effectively solving the major problems in the field of environmental protection,such as the absence of a case,the difficulty of moving a case and the substitution of punishment for punishment.Environmental pollution administrative law enforcement and criminal justice are two important means of ecological environment protection.Their coordinated operation is the fundamental legal guarantee of environmental protection and ecological civilization construction in China.From the point of view of current practice,the three departments of environmental protection,public security and procuratorial work seamlessly to cope with the state of environmental violations and crimes are still in the process of difficult evolution.For example,in environmental pollution law enforcement cases,there are many difficulties when referring to the transfer procedure of criminal cases involving crimes:the current legislation defines the criminal prosecution standard of environmental crimes vaguely,which makes the transfer impossible to follow;the confusion of the transfer standard and the admission standard of criminal cases leads to the transfer obstruction;in practice,local protectionist intervention leads to the frequent occurrence of cases without moving,and the phenomenon of substituting punishment for punishment;It is difficult to translate and apply legal evidence and inefficient use of information sharing platform,which makes it difficult to remove cases.In addition,the absence of procuratorial supervision leads to the failure of case transfer procedures.This paper sumnarizes the causes of the difficulties in connection between administrative enforcement of environmental pollution cases and criminal justice,transfer of cases and transformation of evidence as "four imperfections".They are "unwilling to transfer","not daring to transfer","not transferring",,"inconvenient transfer" and "lack of inspection and supervision".The four-in-one analysis of the fundamental causes of the rupture of environmental pollution execution is made,and the establishment of a combination is proposed.Seven suggestions are put forward to break down the "four imperfections" one by one,such as linking up the accountability system,ensuring the independent enforcement of law by local environmental protection departments,improving environmental criminal legislation and judicial interpretation,improving the transfer mechanism of cases,establishing the rules for the transformation of evidence for environmental administrative law enforcenent,and establishing the functional orientation of the supervision power of procuratorial organs.