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

Since the establishment of the linking system between administrative law enforcement and criminal justice,through the improvement of policies,laws and regulations and the positive response of various organs and departments in practice,we have tried to solve the problems encountered in the process of convergence.To establish a mature system of administrative law enforcement and criminal justice.Under the social background of building ecological civilization and considering the complexity of environmental crime and the importance of environmental legal interests,this paper discusses the problems related to the cornection between administrative law enforcement and criminal justice in the field of environment.This paper analyzes in depth the definition of the connection between environmental administrative law enforcement and criminal justice,and defines the connection between environmental administrative law enforcement and criminal judicature as administrative law enforcement organs and criminal justice.The two-way connection of the organs,clear the scope of the application of the connection between the environmental administrative law enforcement and the criminal justice,and the practical data of the link between the environmental administrative law enforcement and the criminal justice in recent years,and the development situation and the characteristics of the link between the environmental administrative law enforcement and the criminal justice are summarized.In the analysis of the practical dilemma of the connection between environmental administrative law enforcement and criminal judicature,the author also insists on the principle of two-way connection between environmental administrative law enforcement and criminal judicature.The mixed problem of environmental illegal acts and environmental criminal acts is still widespread,followed by more serious cases do not move,penalty instead of punishment,there are cases of impunity;After the transfer of the case,there is still a dispute over whether the enforcement status of the environmental protection authorities will be suspended or continues,that is,the law enforcement state after the transfer of the case by the environmental protection agency is in a contradictory state.Indirect reflection of the environmental protection agencies in the environmental administrative law enforcement and criminal justice in the process of linking the positioning is not clear;The conversion of evidence is the key to procedural cohesion However,the types of administrative evidence that can be used in criminal proceedings are not clear and the standards of examination of evidence by the three organs are not uniforn,which makes it difficult for many administrative evidence to become the basis of proving environmental crimes;The pro-curatorial organ,as the legal supervision organ connecting the environmental administrative law enforcement and criminal judicature,focuses on the transition case supervision link in the process of environmental administrative law enforcement and criminal judicature connection,and thinks that there is still a vague boundary between pro-curatorial supervision and pro-curatorial supervision.The two problems of low coercive force should not be ignored.With regard to the above problems in the connection between environmental administrative law enforcement and criminal justice,the author firstly reconsiders the criminal priority principle,which is the theoretical support of the connection between environmental administrative law enforcement and criminal justice,and draws a conclusion that the criminal priority principle is abused.This also causes one of the reasons for the confusion of behavior recognition;Next,from the analysis of the core of the connection between environmental administrative law enforcement and criminal justice-the procedural problem,the author thinks that the unspecified standard of two-way transfer procedure is the main reason that leads to the low transfer rate and the failure to deal with some environmental violations effectively.The joint operation mechanism of administrative law enforcement and criminal justice has not played an effective role in hindering the environmental administrative law enforcement and criminal justice.Seamless connection will have an impact on the transfer of cases and the smooth development of pro-curatorial supervision.This paper focuses on the analysis of the information sharing mechanism with the highest completion degree.In order to solve the above problems in the connection between environmental administrative law enforcement and criminal justice,the author puts forward the following suggestions:firstly,the establishment of behavior identification standards to solve the mixed problem of behavior identification,while ensuring the independent judgment of environmental violations at the same time,It is distinguished by the degree of social harm caused by behavior.Secondly,aiming at the problems in the connection between environmental administrative law enforcement and criminal judicial procedure,this paper constructs the synchronous coordination principle as the guiding principle of the connection between administrative law enforcement and criminal justice.To weaken the application of the principle of criminal priority in the connection between administrative law enforcement and criminal justice;Establish two-way transfer standards to ensure the smooth transfer of environmental violations;Environmental police system,let environmental protection organs,public security organs work together,so that the whole convergence process is more concise and clear.Thirdly,according to the different types of administrative evidence,it discusses the examination criteria and the conditions that can be used as evidence in criminal procedure,and unifies the standa^d of evidence transformation.Finally,the author advocates that the combination of administrative supervision and pro-curatorial supervision should be adopted to enhance the coercive force of pro-curatorial supervision,improve the early intervention system of pro-curatorial organs,and make clear the boundary of pro-curatorial supervision.