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Research On The Procuratorial Function Of "Two Laws" Linkage In The Environment

Posted on:2021-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y YuanFull Text:PDF
GTID:2381330629951003Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,the CPC Central Committee and State Council have intensively issued policies and plans on "ecological civilization construction" and "ecological civilization institutional reform",attaching great importance to the soundness and perfection of the mechanism for the interface between environmental administrative law enforcement and criminal justice(hereinafter referred to as "the interface between the two laws"),while laws,regulations,departmental rules and judicial interpretations on the interface between the two laws on the environment have gradually increased,and scholars' research on the interface between the two laws in the field of environmental protection has continued to be in-depth and rich.In the critical period when a moderately wel-off society is being built and socialism with Chinese characteristics is entering a new era,how can the procuratorial function be effectively played in the "convergence" of the two laws on the environment and promote the construction of ecological civilization? This article analyzes the current situation and problems of the role of the relevant procuratorial function in the context of the current status and problems of the "convergence of the two laws" of the environment,and makes recommendations for the reform of the "convergence of the two laws" of the environment.After briefly explaining the theoretical basis and the actual needs of this paper,the five parts of the paper,in a step-by-step manner,discuss and analyze how to effectively perform the procuratorial function to promote the "convergence of the two laws" in the environment.First,the paper clarifies the concepts of environmental "interface" and prosecutorial functions and analyses their relationship,as well as the specific prosecutorial functions involved in the environmental "interface" process.Secondly,this paper explores in depth the theoretical basis of the role of the procuratorial function in promoting the "convergence of the two laws" of the environment,and proposes the realistic possibility of the procuratorial function playing a role in the "convergence of the two laws" of the environment under the current conditions.Thirdly,this paper has comprehensively combed the current status and basis of the research on the role of the procuratorial function in China's environmental "convergence of the two laws" from theoretical research,laws and regulations,policy documents and other aspects.Fourth,this article,in conjunction with the 2019 report on the work of the Supreme People's Procuratorate on the environment "convergence of the two laws" related to the role of the procuratorial function of the real practice of summary analysis.On the basis of theaforementioned arguments and analyses,this paper finally proposes that theoretical research and institutional construction of specialization and legalized prosecution should be promoted,that the concept of innovative prosecution supervision and the practical role of prosecution functions should be played,and that a differentiated design of quality and efficiency assessment and accountability mechanisms should be developed to effectively promote the "convergence of the two laws" of the environment and to vigorously promote the process of the rule of law in national environmental governance.
Keywords/Search Tags:rule of law in ecological and environmental governance, articulated supervision, administrative prosecution, criminal prosecution
PDF Full Text Request
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