Research On The Two-way Connection Mechanism Between Enviromental Administrative Law Enforcement And Criminal Justice In China

The construction of ecological civilization is a fundamental plan related to the sustainable development of the Chinese nation.The arrival of the new era has put forward higher requirements for strengthening the construction of ecological civilization and the rule of law,and promoting the establishment of a beautiful China where man and nature coexist harmoniously.Therefore,in order to adapt to the new needs of the times and further strengthen the governance of illegal and criminal behaviors in the ecological environment,the improvement of the two-way transfer mechanism between criminal justice and administrative law enforcement in the field of ecological environment is a very important part.First of all,this article starts with the basic connotation of the two-way connection of execution,and expounds the importance of the two-way transfer system of execution to the protection of the ecological environment in China.There are problems such as poor reverse transfer from criminal justice to administrative law enforcement,difficulty in transfer of cases across administrative regions,and ineffective supervision of two-way transfer by procuratorial organs.Secondly,analyze the reasons behind the above problems:First,the current two-way transfer mechanism for ecological and environmental cases is not perfect in legal norms,and the legislative content is mostly principled and lacks practical operability.Second,the judicial inertia of criminal priority and the imperfection of the two-way conversion and connection mechanism of evidence have caused difficulties in the two-way transfer of cases.Third,the administrative barriers between administrative divisions and the imperfect information sharing mechanism make it difficult to investigate and handle environmental pollution cases across administrative regions.Fourth,the supervision mechanism for the two-way transfer system is not perfect,and the main role of the procuratorate is not obvious,making it difficult for the two-law connection mechanism in the field of ecological environment to form a closed loop of internal supervision and external supervision.Finally,based on the aforementioned issues and causes,some relevant and pragmatic recommendations are proposed: First,improve the normative system for the two-way connection between criminal justice and administrative law enforcement,change the previous judicial inertia of criminal priority,and establish the principle of jurisdiction priority.Second,establish different two-way conversion rules for different types of evidence.Third,further strengthen the regulation of information sharing,delineate ecological function areas,encourage the signing of joint law enforcement cooperation agreements between administrative regions,break down administrative barriers,and improve the timeliness of investigations and handling of environmental pollution cases across administrative regions.Fourth,improve the transfer supervision of the procuratorate,strengthen the role of the procuratorate in the two-way transfer,encourage the public to participate in case supervision,improve the case hearing system,and set up a corresponding reward mechanism for the public’s reporting and supervision.