Practical Reflection And Rational Construction Of Environmental Evidence Sharing System Structure

Under the background of the linkage of environmental administration and environmental justice,the environmental evidence sharing system is put forward.The system has played a positive role in both the theory and practice of environmental rule of law.Therefore,it is particularly important to define the origin of environmental evidence sharing system and related concepts.On the empirical level,based on the investigation of the current situation of environmental evidence sharing system,it can be concluded that environmental evidence sharing system has some related problems,such as department function dislocation,insufficient legal basis,unsmooth operation mechanism and unsatisfactory evidence conversion.In addition,the premise of environmental evidence sharing system is based on the division of power boundaries between environmental administrative departments and environmental judicial departments.Environmental administrative departments mainly deal with environmental problems through administrative power,while environmental judicial departments mainly use judicial power to solve environmental problems.However,in the context of the linkage between environmental administration and environmental justice,administrative power and judicial power have some overlaps and mismatches.Environmental administrative departments and environmental judicial departments have their respective powers when applying environmental evidence.Under the background of the linkage between environmental administration and environmental justice,the purpose of collecting environmental administrative evidence is to apply it in environmental justice.How to solve the problems existing in the environmental evidence sharing system is mainly realized through two aspects:solution path and guarantee mechanism.In terms of the solution path,it can be considered from four aspects: the position of department functions,the construction of legal basis,the perfection of operation mechanism and the realization of evidence transformation.As far as the safeguard mechanism is concerned,it is mainly improved from the establishment of joint conference,information sharing platform and unified monitoring network.