Research On The Mechanism Of Environmental Pollution Between Administrative Law Enforcement And Criminal Justice

Environmental protection is a basic national policy.Environmental rights and interests are the basic rights enjoyed by every citizen.The state has a natural obligation to environmental protection,and China’s ecological civilization construction strategy has also gone deep into the people’s minds.The law uses the national coercive force to guarantee the construction of ecological civilization.It is to demonstrate the determination of the state to govern environmental pollution,how to achieve the coordinated development of ecological civilization construction and legal civilization construction,and the linking mechanism between administrative enforcement of environmental pollution and criminal justice plays a key role in the role of “coordination” and promotes the state through legal norms.To control environmental pollution,promote the construction of ecological civilization,promote environmental protection and escort economic construction and legal-ecological-economical social effects of sound development.The research on the connection between environmental law enforcement and criminal law enforcement belongs to the internal research of the discipline of law.In the current legal system,it is in a blank state,and the research on relevant theoretical systems has yet to be constructed.Therefore,this article is to start from the perspective of the cohesion mechanism.,Combining examples of environmental pollution cases,put forward sound suggestions for the administrative enforcement of environmental pollution and the convergence mechanism of criminal justice so as to provide legal assistance in protecting the ecological environment and curbing environmental pollution.The study points out that the connection mechanism of environmental pollution administrative law enforcement and criminal justice in China is mainly due to the disordered legal norms and inadequate supporting system of the connection mechanism,which is embodied in the poor connection of case transfer,the difficulty of evidence transformation,the lack of restriction and supervision,and the poor connection of legal responsibility.The causes of the existing problems lie in the conflict between the value of criminal law and administrative law,the lack of legalization of administrative law enforcement and criminal justice cohesion mechanism of criminal environmental pollution,and the defects in the starting procedure of the linkage mechanism.Cohesive mechanism based on the analysis of outside environment pollution control system after the experience,to learn the good experience of practice,put forward the pollution of the environment administration mechanism perfect suggestion,linking to the criminal punishment on linking mechanism to establish and apply the principle of mainly correctly apply tolerance principle in criminal law,criminal punishment principle applies in the understanding of priority;We should build a complete cohesive legal system,among which,we should improve the technical specifications of legislation,perfect the blank crime of criminal law,perfect the legislation of cohesive mechanism and fill in the blank of law.It also constructs the general system of the connecting legal mechanism.We should improve the starting mechanism of cases,improve the conversion degree of evidence,and improve the docking of legal responsibilities.We should introduce the victim’s right to self-prosecution and environmental criminal public behalf litigation system to establish a reasonable relief system of litigation rights.