Research On The Legal Issues Of The Connection Between Environmental Administrative Law Enforcement And Criminal Justice

China’s economy continues to develop,and its total economic output has ranked second in the world.However,behind the development is the constant exposure of ecological and environmental problems.Ecological pollution and environmental damage are becoming increasingly serious,which has a huge test on the sustainable development of our society.The environmental problems brought about by economic development need to be solved urgently.China has gradually realized that it is not advisable to develop the economy at the expense of the ecological environment.Therefore,it has placed the issue of ecological environment governance in an important position and increased the punishment of ecological damage and environmental pollution.However,due to insufficient punishment of environmental violations by administrative punishment and repeated prohibition of ecological pollution and destruction,in order to better combat ecological environmental violations and crimes,China has gradually explored the connection mechanism between ambient law punishment and judicature in the field of ecological environment(hereinafter referred to as "the connection between the two laws"),effectively linking ambient law punishment and judicature,and forming a joint force to combat environmental violations and crimes,It is more conducive to punishing environmental crimes.However,due to the relatively late start time and slow development process of the connection mechanism between ambient law punishment and judicature in China,ambient law punishment and judicature is still in the stage of exploration and establishment.Therefore,in practice,there is still a lack of effective coordination and linkage between ambient law punishment and judicature,and the poor connection between environmental "two laws" is prominent.The connection mechanism between ambient law punishment and judicature has not played its due role.The operation of the "two laws connection" mechanism has encountered many obstacles in practice,and the connection mechanism still needs to be improved.Based on the current situation of the poor connection between ambient law punishment and judicature in China,this paper aims to explore the relevant legal issues arising from the connection between ambient law punishment and judicature,and uses research methods such as experience summary,based on the particularity of environmental crimes and the specific procedural requirements for the connection between ambient law punishment and judicature,This paper investigates the current legislative and operational status of the connection between ambient law punishment and judicature in China,analyzes the case transfer data,and analyzes the practical problems existing in the connection mechanism between ambient law punishment and judicature from many aspects of the operation of the connection mechanism,as well as the specific reasons for the poor connection.This paper holds that the specific problems existing in the connection between the two environmental laws include the prominent problem of transferring environmental cases with punishment instead of punishment,and the low transfer rate of cases;There are obstacles in the connection procedure,resulting in poor connection;Imperfect linkage mechanism;The specific reasons for poor connection are discussed in this paper.In order to solve the problem of the poor connection between the two methods,this paper puts forward several improvement measures in the hope that they can help:in view of the phenomenon of replacing punishment with punishment and low case transfer rate,strengthen the initiative and consciousness of environmental administrative organs in transferring cases,establish a scientific and reasonable performance evaluation system and incentive mechanism,and establish a system for investigating the responsibility for dereliction of duty in transferring cases;For the problem of the poor connection procedure between the two environmental laws,concretize the legal provisions of the connection procedure between the two environmental laws,simplify the connection procedure,make it more in line with the actual operation,and strengthen the legislative adjustment of the transfer procedure;Improve the information sharing mechanism and establish the responsibility system of information sharing mechanism;In terms of procuratorial supervision,improve the procuratorial supervision system of the connection between the two laws,establish a joint supervision mechanism between supervisory organs and procuratorial organs,establish and improve the case transfer supervision mechanism,and strengthen the information communication between connecting organs.