Research On The Link Between Environmental Protection Administrative Law Enforcement And Criminal Justice

Administrative enforcement of environmental protection and Criminal Justice(hereinafter referred to as "two laws")are important means of environmental protection in China.The smooth connection between the two laws is the necessary premise to promote the construction of ecological civilization and realize sustainable development in China.In recent years,China has promulgated a series of normative documents and judicial interpretations,which provide institutional guarantee for the smooth convergence of environmental protection "two laws" from the legislative level.However,in practice,there are always problems and difficulties in the connection of the two laws.Therefore,it is necessary to conduct in-depth analysis and Discussion on the convergence of environmental protection "two laws" from the judicial level,summarize the existing problems,and put forward suggestions for improvement.The first part mainly discusses the ontological connotation of environmental protection administrative law enforcement and criminal justice,including the related concepts of "two laws" convergence mechanism and the positioning analysis in China’s legal system,and briefly expounds the significance of "two laws" convergence smoothly.The second part mainly combines with the annual summary report issued by the Supreme People’s court and the complex situation of ecology and environment to converge our country’s environmental protection "two laws",and selects four typical cases to summarize and summarize our country’s environmental protection.The main problems in the application of the two laws.The third part summarizes the problems existing in the convergence of the "two laws" of environmental protection in China,including the weak sense of responsibility of the administrative law enforcement subject in the transfer of cases,the difficulty in obtaining and transferring the evidence of environmental crime,the insufficient performance of the supervision function of the procuratorial organ,and many obstacles in the application of relevant laws,mainly in four aspects.The fourth part,based on the analysis of the poor convergence of environmental protection "two laws",puts forward the countermeasures to solve the convergence of environmental protection "two laws" from many aspects,including standardizing the transfer responsibility of administrative law enforcement subjects,improving the evidence convergence in the process of convergence of "two laws",giving full play to the supervision function of procuratorial organs,and improving the specific measures for the application of relevant laws.Through the above suggestions,the goal of smooth convergence of environmental protection "two laws" is finally achieved.To sum up,this paper studies the specific problems existing in the process of convergence of environmental protection "two laws",and puts forward suggestions on the basis of analyzing the causes of the problems,so as to effectively strengthen the convergence and possibility of application of environmental protection "two laws" from the judicial level.Operation.