Study On The Administrative Subordination Of Environmental Criminal Law

The criminal subject of environmental criminal law should be punished completely or partly by the environmental administrative law or the subsidiary administrative provisions of the environmental criminal law in accordance with the provisions of the environmental criminal law.In other words,the attribute of administrative subordination of environmental criminal law also means that if the subject of the act violates the administrative provisions of the environmental administrative law or the subsidiary administrative provisions of the environmental criminal law,the act of the subject of the act constitutes an environmental crime.And the relevant administrative organs have the right to issue the administrative license certificate of environmental behavior for the subject of environmental behavior activities so as to make its behavior obtain the legal license.This paper mainly from the following five aspects of the environmental criminal law to do a relatively complete and in-depth discussion of the administrative attributes.The first part is the introduction,which briefly introduces the purpose,significance and method of the research.The second part is an overview of the administrative subordination of environmental criminal law,first discusses the definition of the administrative subordination of environmental criminal law,and then classifies the administrative subordination of environmental criminal law from different angles.According to the degree of subordination,the subordination function and the different functions,the administrative subordination of environmental criminal law can be divided into absolute and relative subordination,the administrative subordination of constitutive elements and the legalized subordination,the inhibitory subordination and the preventive subordination.The third part mainly discusses the positive and negative effects of the administrative subordination of environmental criminal law in the legislation of environmental criminal law.The negative effects mainly lead to the confusion of the logical connection of the environmental criminal law,cause the environmental criminal law to derive a number of blank crimes,not conducive to the establishment of a scientific environmental criminal legislation system.The fourth part mainly discusses the influence of the administrativesubordination of environmental criminal law on the environmental criminal justice from the judicial perspective,and demonstrates the positive and negative aspects.The positive effects of the administrative subordination of environmental criminal law on environmental criminal justice mainly include improving the crime constitution of environmental crime,improving the applicability of new crimes and meeting the requirements of the external environment on environmental criminal law.The negative impact of the administrative attributes of environmental criminal law on environmental criminal justice is mainly discussed from four aspects: environmental criminal case filing,environmental criminal prosecution and trial procedure,environmental criminal punishment and environmental criminal evidence identification.The fifth part,based on the discussion of the negative influence of the administrative subordination of environmental criminal law in the third and fourth parts,puts forward the foreign reference and corresponding countermeasures in the legislative and judicial aspects of environmental criminal law.As far as legislation is concerned,when environmental administrative law conflicts with environmental criminal law,the principle of independent judgment of criminal law should be adhered to,and the applicability and scope of supplementary norms should be strengthened in the blank pleadings.Establish a scientific fine system.In the aspect of justice,we should actively promote the process of criminalization of environmental illegal acts in the legislation of environmental criminal crimes,endow environmental administrative departments with the right to propose prosecution in the aspect of environmental criminal prosecution,increase the intensity of punishment in the aspect of environmental criminal punishment,strengthen the communication between administrative organs and judicial organs in the aspect of evidence identification of environmental criminal crimes,and suggest the judicial organs to intervene in advance.