Research Of Administrative Law Enforcement And Criminal Justice Connection In Environmental Crimes

In the overall context of a risk society,the increasingly severe risk of environmental infringement has attracted much attention,and criminal regulations for behaviors that endanger the environment have been made necessary.In the process of environmental criminal legislation,the environmental criminal law gradually showed a tendency to penetrate into the administrative field.In addition,the characteristics of the administrative subordinate nature of environmental crime itself made the boundary between environmental crime and environmental administrative violations gradually blurred,and the rights of environmental administrative power and judicial power were unclear In practice,there are a large number of environmental cases in which there is a persistent and punishable punishment,which seriously undermines the independence of environmental crimes.It is necessary to study the specific relationship and positioning of environmental administrative law and environmental criminal law in order to establish an effective connection between environmental punishment and environmental administrative punishment,environmental administrative law enforcement and criminal justice.Looking at the problems in the field of environmental crime execution convergence in China,many crux points can be analyzed in many aspects such as legislation,judicial and procedural mechanisms.In the field of environmentallegislation,China’s environmental crime legislation system is not scientifically questioned due to object identification,rank definition,and the establishment of criminal law rules.In addition,due to the low level of systematization of environmental crimes,it is difficult to correspond some environmental crimes with relevant provisions of the Environmental Administrative Law,coupled with the difficulty in linking environmental penalty and environmental administrative punishment in specific punishment content.The urgent problems in environmental legislation are the important reasons for the poor connection of environmental crimes in China.In the field of environmental justice,environmental crime is difficult to determine due to its own subjective aspects,causality,and other factors.In addition,China’s environmental judicial interpretation is lacking in the clarity of quantitative elements,and the court has not exerted its ability in the connection of environmental executions.The role it plays,and the environmental dilemma caused by it,are also important factors that hinder the environmental execution linking mechanism.In terms of the specific procedural mechanisms for the connection of environmental executions,there are also many problems such as poor case transfer,obstruction of evidence connection,and absence of procuratorial supervision.Under the common influence of various factors,it is still a long way to go to improve the connection of environmental crime execution in China.In order to alleviate and ultimately solve the problem of poor connection of environmental crimes in China,in addition to drawing on and considering advanced theories of developed countries in this field outside the region,we also need to select countries with typical characteristics and relevant successful experiences,and consider different social systems and organizational structures.The enlightenment significance of the following institutional mechanisms to China.What’s more important is to make up for the shortcomings in the connection of environmental crimes in China.First,in terms of theoretical guidance,the legal environment concept centered on the ecological environment and the relative subordination of the environment should be the prerequisites.Secondly,in terms of specific norms,the system of environmental crimes should be improved by streamlining blank guilts inenvironmental crimes,adding necessary environmental crimes,and establishing environmentally dangerous crimes in the form of legislation;by adjusting some environmental crimes’ legal penalties,and increasing environmental crimes Qualifying punishment and improving the means of linking administrative fines and fines to promote the coordination and connection of environmental penalties and environmental administrative penalties;strengthen the judicial interpretation to make the quantitative factors in the criminal law more clear,and at the same time,judicial interpretation should adhere to its proper positioning and conform to the Purposeful interpretation principle.Finally,in terms of supporting execution mechanisms,optimizing the environmental administrative law enforcement and criminal justice evidence conversion procedures,and refining the implementation standards,using the advantages of big data to establish a nationwide environmental information sharing platform,are all useful supporting mechanisms for environmental execution linkages.In the process of exploring the improvement of the environmental public interest litigation system,we can also learn a lot of useful experience,and further optimize the environmental execution linking work with a sound working mechanism and a high-quality professional team,so as to effectively regulate environmental crime and link environmental executions.The further improvement of the mechanism will ultimately help China’s ecological civilization to achieve a beautiful China.