Study On The Transfer System Of Cases Of Environmental Administrative Detention

Environmental protection is a basic national policy of China.Article 63 of the newly revised Environmental Protection Law clearly stipulates the application of administrative detention to environmental violations.Then,five ministries jointly formulated the Interim Measures for the Transfer of Environmental Violations of Administrative Detention Cases by Administrative Authorities(hereinafter referred to as the "Interim Measures"),specifying in detail the subject of the transfer of environmental administrative detention cases,the 23 types of cases transferred and the transfer procedures.The environmental administrative detention is an application of administrative detention in the field of environmental administrative punishment,and it is the most serious type of punishment in administrative punishment.Environmental administrative detention is a kind of strong deterrent punishment mainly aimed at the drawbacks of "high cost of abiding by the law and low cost of violating the law" of pollutant discharge units.For this reason,the transfer of cases can form a huge deterrent to the persons in charge of enterprises and those directly responsible,so that they are afraid of severe environmental administrative punishment and dare not "try the law with their own hands".At the same time,it has also realized the transformation from "single penalty system" to "double penalty system" in the punishment of environmental illegal enterprises,which not only enriches the types of administrative responsibility of environmental administrative counterparts,but also integrates the enterprise and the person responsible for the violation of the law.It is of great significance to strengthen the deterrence of environmental law enforcement and prevent environmental violations.However,due to the imperfection of the transfer system of environmentaladministrative detention,the corresponding mechanism is not mature enough,and the implementation of relevant laws is still in the exploratory stage,there are many problems in the transfer process of environmental administrative detention cases: on the legislative level,the transfer subject is ambiguous and confused,and the operation rules of case transfer are not stipulated.It is clear that the administrative system of environmental protection is not unified and there is no corresponding legal guarantee system;at the level of case transfer department and execution department,the administrative law enforcement force is weak,the workload is heavy,the professional knowledge of law enforcement personnel is insufficient,and the ability of law enforcement among departments is not strong;and the exercise of supervision of the right of environmental administrative detention is weak.? The reasons can be summarized into two levels,one is the level of legislation and legislative procedures,and the other is between the transfer department and the executive department.In view of the above problems,the author advocates putting forward countermeasures and suggestions from two aspects.Firstly,we should improve the legislation and transfer procedure of the transfer system of environmental administrative detention cases.Firstly,we should clarify the subject of the transfer of cases and advocate that clear provisions should be made in the form of legislation;secondly,we should improve the operational rules of the transfer of cases,advocate clear legislative ways and the relationship between legal ranks;and thirdly,we should speed up the construction of provinces.The following vertical management system of environmental monitoring and supervision advocates adjusting the administrative organs and responsibilities of environmental monitoring and supervision,speeding up the construction of regional unified law enforcement agencies;fourth,improving the corresponding legal and regulatory safeguard system,advocating the addition of "environmental administrative detention" system in other basic laws in the field of environment,either by legislation or by other means.The way of legislative interpretation directly stipulates the corresponding professional terms,and separates the decision-making power from the execution power of environmental administrative detention.Secondly,efforts should be made to solve the difficulties between the transfer departments and the executing departments,such as strengthening the environmental administrative law enforcement force,equipping the environmental protection police,expanding the professional knowledge of law enforcement personnel,strengthening the linkage mechanism between departments and creatingthe hearing procedure of environmental administrative detention.There are four main research methods used in this paper: first,literature research methods,access to relevant academic data and other scholars' relevant theoretical views on the transfer system of environmental administrative detention cases;second,comparative analysis methods,through the comparison of environmental criminal detention and environmental criminal offences.It concludes the differences between environmental administrative detention and environmental criminal detention and environmental criminal offence.Thirdly,comparative research methods are used to establish an environmental administrative detention system with foreign countries by analyzing the characteristics of legislation,departmental transfer and execution of public security organs in China's current environmental administrative detention system and case transfer system.The third part and the fourth part of the article are based on the problems and difficulties encountered in the practice of work,and according to these problems and difficulties,the main body of transfer,decision and execution of environmental administrative detention cases are the main body.In terms of body and legislation,it puts forward countermeasures and suggestions to improve the transfer system of environmental administrative detention cases.The legal protection of the environment is an important link in the construction of socialism with Chinese characteristics in the new era,and also the most important foundation for the construction of beautiful China.The governance of environmental violations and crimes is an important work in environmental protection.The author takes the transfer of environmental administrative detention cases as the research object,and explores how to improve environmental administrative detention.The specific countermeasures of the case transfer system have strong practicality and certain theoretical value.Based on the analysis of the existing problems in the transfer system of environmental administrative detention cases,and on the basis of combing the extraterritorial system,this paper puts forward some countermeasures and suggestions to improve the existing relevant system.