Research On The Interface Between Administrative Law Enforcement And Criminal Justice Of Environmental Crime

The 19 th National Congress of the Communist Party of China proposed for the first time that China’s economy has shifted from a stage of high-speed growth to a stage of high-quality development.Ecological environmental protection,pollution control and green development have become the main theme of high-quality development.At present,China’s natural resources have been sharply reduced,environmental pollution is still serious,and environmental protection work is still facing many problems.General Secretary Xi Jinping proposed to protect the ecological environment with the strictest system and the strictest rule of law.Environmental administrative law enforcement and criminal justice are two important means for controlling environmental crimes in China.The connection between administrative law enforcement and criminal justice of environmental crimes is based on the theory of checks and balances,based on the theory of administrative subordination of environmental criminal law,and based on the basic principle of criminal priority.The smooth connection between administrative law enforcement and criminal justice of environmental crimes is of great significance to improving the efficiency of criminal justice organs in prosecution,deterring and curbing ecological and environmental crimes,and protecting the ecological environment.China has initially established a linkage mechanism between environmental protection administrative law enforcement and criminal justice,and all localities have taken the lead in carrying out pilot projects to strengthen the crackdown on environmental law crimes.However,the number of cases of suspected environmental crimes transferred by environmental administrative organs is still low,and in practice,there is still a phenomenon that punishment is not transferred in place of punishment,and there are many problems in the connection between environmental crime administrative law enforcement and criminal justice.In terms of the power structure linking executions,environmental administrative organs are constrained by local governments and out of consideration of departmental interests and responsibilities,making it difficult to actively transfer cases involving crimes;Due to their natural passivity,it is difficult for the judiciary to gain an advantageous position in the game with the executive power;Procuratorial organs are weak in supervision in the connection between executions and sentences,and it is difficult to exercise effective supervision.In the connection between the substantive laws of environmental crimes and environmental violations,the benefits of environmental criminal law and the legislative law of environmental administrative law are incompatible,the scope of regulation is not coordinated,and there are obstacles between specific provisions,resulting in difficulties in the connection between environmental crime administrative law enforcement and criminal justice entities.In the connection procedure,the criteria for transferring and undertaking cases suspected of environmental crimes are not clear,it is difficult to collect and convert evidence,the status of cases handled by administrative organs during the transfer process is unclear,the connection between administrative responsibility and criminal liability for environmental crimes is not smooth,and there are information barriers between environmental administrative law enforcement and criminal justice,resulting in a break between environmental crime administrative law enforcement and criminal justice procedures.Through the experience of the United States,Germany and Russia in environmental crime governance,countermeasures are proposed to improve the connection between administrative law enforcement and criminal justice of environmental crimes in China.In the structure of the linkage of environmental crime execution,enhance the independence of environmental administrative law enforcement organs in the linkage of executions by clarifying the responsibilities of environmental protection departments,establish an early intervention mechanism to enhance the initiative of judicial organs,strengthen the effect of inspection recommendations,and improve the supervision power of inspection organs.Through the improvement of the environmental crime system of the Criminal Law,the coordination between environmental criminal law and environmental administrative law in the protection of legal interests and objects is improved,and the coordination of specific norms of environmental criminal law and environmental administrative law is enhanced through sorting out specific provisions of environmental criminal law and administrative law,and improving the coordination of specific norms of environmental criminal law and environmental administrative law,and improving the convergence of substantive law.Improve the connection between environmental crime administrative law enforcement and criminal justice procedures by clarifying the acceptance standards for cases suspected of environmental crimes,improving the rules for administrative law enforcement of environmental crimes and the transformation of criminal justice evidence,clarifying the status of environmental law enforcement after case acceptance,clarifying the connection between administrative and criminal liability for environmental crimes,and improving mechanisms for sharing case information.