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Procuratorial Supervision In The Connection Between Environmental Administrative Law Enforcement And Criminal Justice Problem Research

Posted on:2022-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:M G MaFull Text:PDF
GTID:2491306764489424Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The procuratorial organ,as my country’s legal supervision organ,plays a pivotal role in the construction of ecological civilization.However,in the process of linking environmental administrative law enforcement and criminal justice(hereinafter referred to as "execution link"),due to factors such as weak professional construction,imperfect legal provisions,and imperfect supervision methods,the procuratorial supervision function has not fully exerted its capabilities.proper role.As the whole society pays more and more attention to environmental issues,the Criminal Law Amendment(11),which will be officially implemented in March 2021,increases the punishment for environmental pollution crimes,which also reflects the current goals and objectives of the state and society to manage environmental issues.determination.Whether from the perspective of the construction of the rule of law or the construction of ecological civilization,preventing and punishing environmental crimes through criminal judicial procedures is an important part of protecting the ecological environment.Due to the administrative subordination of environmental crimes,environmental administrative law enforcement and criminal justice are inextricably linked.In practice,there are often problems of poor connection.The most common ones are the phenomenon of "not moving the case" and "replacing punishment with punishment"..This makes the connection between execution and execution in the environmental field more prominent.Compared with other fields,the connection between execution and execution in the environment is more complex and comprehensive.Therefore,in order to better use justice to maintain ecological civilization,it is necessary to improve the efficiency of procuratorial supervision in the connection of environmental executions.This article is composed of the following four parts,step by step,and gradually analyzes how to effectively play the role of procuratorial supervision in the connection of environmental executions.The first part mainly takes the connection of the basic theory of procuratorial supervision as the breakthrough point,clarifies the connotation of the connection between environmental administrative law enforcement and criminal justice,points out the necessity and functional orientation of procuratorial supervision,and analyzes the principles that procuratorial supervision should adhere to.Knowing the theoretical basis of the research problem can make a more in-depth analysis of the problem,so as to propose targeted improvement measures.The second part mainly analyzes the current situation of procuratorial supervision in the connection of environmental execution.Starting from the current legal system and the current practice,the present situation of procuratorial supervision is studied.By analyzing the legislative situation,we can understand the shortcomings of the current regulations on procuratorial supervision,such as relatively broad regulations on supervision methods and relatively vague regulations on supervision and implementation guarantees.By analyzing the actual situation,we can more truly understand the actual operation of inspection and supervision.At the same time,real cases and data are introduced for more intuitive analysis,so as to "prescribe the right medicine" for the problems existing in the inspection and supervision.The third part mainly summarizes the current difficulties faced by the procuratorial supervision in the connection of environmental executions,such as the weak professional construction of procuratorial supervision,imperfect legal provisions,imperfect supervision methods and obstacles in the connection work,mainly based on the above-mentioned review of the current situation of procuratorial supervision in connection with environmental executions.Wait.By analyzing the difficulties faced,we can find out the reasons that affect the effect of supervision,and then propose corresponding solutions.The fourth part puts forward suggestions for improving the procuratorial supervision in the connection of environmental executions in my country,such as promoting the professional construction of procuratorial supervision,improving relevant legislation,improving supervision methods,and strengthening the connection between environmental administrative law enforcement and criminal justice,and from the passive after the event that tends to punish punishment.Surveillance is transformed into preventive surveillance.In order to enhance the effect of procuratorial supervision in the connection of environmental executions,and effectively promote the legalization of national environmental governance.
Keywords/Search Tags:environmental crime, environmental administrative law enforcement, environmental criminal justice, procuratorial supervision
PDF Full Text Request
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