Research On The Two-way Connection Between Environmental Administrative Law Enforcement And Criminal Justice

In order to strengthen China’s pollution prevention and control and improve the ecological environment,it is necessary to make good use of the two major grasps of administrative law enforcement and criminal justice,further improve the system of linking environmental protection and execution,so that the coordination and cooperation between ecological and environmental departments,public security organs and procuratorial organs can be strengthened,and the joint efforts of departments to combat environmental violations and crimes can be achieved to achieve the purpose of punishing environmental violations and crimes.The two-way connection between environmental protection and executions requires environmental administrative law enforcement organs to transfer cases and leads involving crimes discovered in the course of administrative law enforcement to criminal justice organs,and also requires criminal justice organs to transfer cases and leads that do not need to bear criminal responsibility but need to bear administrative responsibility to administrative law enforcement entities.Therefore,in order to improve the rational construction of the execution linkage system,on the one hand,through the analysis of the theory of state function division of labor and cooperation,it is proposed that the execution linkage involves the cooperation and constraints between multiple state organs with different attributes,and must be constructed on the basis of reasonable division of labor and cooperation;On the other hand,it is proposed that the construction of the "convergence of two laws" system should draw on some basic frameworks of administrative criminal law theory and cross-theoretical research on criminal justice,so as to better promote the solution of substantive problems.This article also clarifies the functional positioning of the connecting entities,and only when each entity gives full play to its functional advantages and actively coordinates and cooperates,can the transfer of cases be efficiently completed and sanctions for environmental violations and crimes realized.At present,the problems in the transfer of environmental execution cases mainly lie in three points,one of which is the poor two-way transfer of cases,mainly due to the unclear forward transfer standards and the lack of a reverse transfer system,resulting in the inability to accurately determine whether transfer is required in both forward and reverse transfer.Second,the connection of evidence is not smooth,although there are many provisions on the connection of evidence,but in order to fundamentally solve the problem of the conversion of execution evidence,these provisions are still too macroscopic and not very operational in judicial practice.Third,the working mechanism is not running smoothly,the actual operation of the information sharing platform is not effective,and the environmental cases are not entered in a timely manner or selectively,resulting in lagging information transmission and hindered communication between execution linkage departments;Although the joint conference system has legal provisions,it has not been well implemented,and the phenomenon of mutual blame is still obvious,resulting in the system becoming a formality in practice.Although China attaches great importance to the construction of the linkage system between execution and execution,in judicial practice,the connection between environmental administrative law enforcement and criminal justice in China is not very smooth,the reason is that there are imperfections in China in the four levels of relevant legislative provisions,connecting subjects,transfer theory,and transfer supervision.In order to smooth the two-way transfer of environmental cases,the connotation and theoretical basis of the two-way connection between environmental administrative law enforcement and criminal justice are analyzed from the perspective of case transfer,and the problems existing in the "execution-criminal linkage" system and their embodiment in case transfer are deeply explored,and the reasons for the problem are found out on this basis,and then targeted countermeasures are proposed.Second,the reasonable transformation and use of transferred evidence makes it clear that in the connection between execution and execution,the law applicable to the judgment of illegal and criminal acts is transformed,and the rules of evidence are also transformed.Third,optimize the working mechanism for the transfer of environmental cases,and establish a complete joint meeting mechanism and information sharing platform.Fourth,build a reasonable supervision mechanism,give play to the inherent supervisory advantages of procuratorial organs in the process of "linking executions",strengthen the rigidity of procuratorial supervision,and improve the supervision procedures of supervision organs.Give play to the advantages of supervision and supervision to form a strong supplement to procuratorial supervision.