A Study On The Linkage System Between Enviromental Administrative Law Enforcement And Criminal Justice

The outstanding problem between environmental administrative enforcement and criminal justice system is that the poor connection between administrative enforcement and criminal justice By analyzing the specific manifestations and causes of the current poor connection,put forward relevant countermeasures and suggestions On the basis of the definition of the basic concepts of the system,the relationship between the administrative power,judicial power and legal supervision behind the system is deeply explored,and the principle of synchronized coordination is suggested as the guiding principle.By analyzing the current situation of the transfer of cases in the environmental execution bridging system,the paper concludes that the transfer of cases from the administrative organ to the public security organ is not active,and there are still cases in which punishment is substituted for punishment.After the public security organs accept the transfer of the case,there are problems in establishing the case,and the transfer of the case is blocked again;The related provisions of reverse transfer cases are not perfect,which leads to the obstruction of two-way connection.In connection with the evidence of execution,it is difficult to convert different types of evidence and to satisfy the administrative law enforcement evidence in criminal procedure.At present,there are some problems that the information sharing platform has not played its full role in the operation of the connecting working mechanism,and that the connecting working mechanism has not formed a normal longterm working mechanism.There are some reasons,such as difficulty in defining environmental violations and environmental crimes at the legislative level,unclear procedural provisions such as transfer steps,transfer criteria and post-transfer law enforcement status,which cause the disconnect.External interference and lack of transfer consciousness in the subjective factors of the department lead to low transfer motivation.There are some reasons in procuratorial supervision such as lack of legal basis for the transfer supervision of procuratorial organs and lack of effective supervision methods.Finally,in view of the above problems,the relevant provisions on improving the connection system of environmental executions are put forward.strengthen the transfer responsibility of environmental protection departments,implement joint working mechanism,optimize the evidence bridging system,improve supervision mechanism and promote the construction of information sharing platform.