ZHANG Shen    Law School

Abstract: In the past thirty years, with the rapid development of the economy and society, environmental pressure has been increasing. More and more people pay attention to the environmental problems, and the illegal and criminal behavior of environmental pollution is short of repeated prohibition. In practice, the connection system of execution of environmental cases is more and more widely used, but in the specific law enforcement, there are many problems. We found that lack of relevant laws and regulations, and the lack of operational requirements for the working process of the lack of cohesion, detailed design procedures, legal level is generally low; the connection and coordination procedures is complex, in the process of practice we found that in such cases the transferring time can be ten days, the suspect will seize the time to hide and destroy evidence, serious or even collusion escape, resulting in missing the most authentic evidence of the effectiveness of the best time and opportunity; the lack of prior coordination of exchange and joint handling mechanism, the practice of environmental administrative law enforcement agencies for criminal case filing standards handling procedures, especially the standard of evidence, scope, collection and fixed requirements related to lack of knowledge or practical experience, guide In case some resistance in the transfer process, affecting the efficiency of case handling; unbalanced regional development short board in serious environmental cases two cohesive mechanisms and combat environmental crimes, the country showing obvious imbalance in regional development and the short board of serious problems, the Midwest is widespread handling quality low, poor coordination, lack of follow-up supervision measures and other issues. Through the analysis of the existing mechanisms of the execution convergence problem, put forward to improve the environmental execution convergence mechanism is suggested, for example, for example, at the legislative level, to further improve the environmental laws convergence mechanism of legislation, law enforcement and judicial departments to regulate the behavior of laws and regulations; the supervision mechanism, both internal and external supervision, under the supervision of legalization and achieve common specification of the case cohesion, guarantee the convergence mechanism in the sun. The connection of execution of the environment is of great significance in theory and the value of its application. To ensure the smooth execution procedure into the channel, is conducive to improve the processing efficiency of environmental criminal cases, save the handling time, and improve the efficiency of the case will greatly shorten the related crime personnel hiding and destruction of evidence, so as to improve the quality of case handling effect. Gradually establish and perfect the environmental administrative law enforcement and criminal justice mechanisms, environmental crimes in increasing today, with the idea of green development in China more and more attention to the implementation of green development, sustainable development, protect the good ecological environment is Chinese socialist society under the rule of law is the proper meaning. Therefore, the continuous establishment and improvement of the linkage mechanism of environmental execution has become an important issue to protect the healthy development of the environment.

Read the article here:       环境行政执法与刑事司法衔接机制研究_张琛.pdf