环境行政执法与刑事司法衔接的法律省思

Analysis of Legal Problems in The Connection between Environmental Administrative Enforcement and Criminal Justice

环境行政执法与刑事司法的衔接问题,制约着我国生态环保工作的顺利进行。两法衔接中的立法衔接不足,造成司法实践中以罚代刑现象普遍存在。现行立法对于两法衔接的证据适用缺乏具体规定,直接影响到两法衔接中的证据不能有效转换。检察监督无法在两法衔接中发挥有力作用,不利于环境犯罪案件从行政执法程序有效转入刑事司法程序。为此,司法实践中可以通过适用间接反证法,引入严格责任制度,健全环境刑事立法规范。通过建立证据衔接制度,保证两法衔接中的证据有效转换。完善检察监督制度体系,并在检察机关内部确立专门机构负责立案侦查监督和行政执法监督,充分发挥检察监督职能。

The connection between environmental administrative enforcement and criminal justice is restricting the progress of ecological environmental protection work in our country. The lack of legislative convergence in the convergence of the two laws has caused the phenomenon of replacing punishment with punishment in judicial practice. The current legislation lacks specific provisions for the application of evidence in the convergence of the two laws, which directly affects the effective conversion of evidence in the convergence of the two laws. Procuratorial supervision can not play a strong role in the convergence of the two laws, which is not conducive to the effective transfer of environmental crime cases from administrative law enforcement procedures to criminal justice procedures. Therefore, in judicial practice, the strict liability system can be introduced through the application of indirect counter-evidence law, and the environmental criminal legislation norms can be improved. Through the establishment of the evidence convergence system, the effective conversion of evidence in the convergence of the two laws is ensured. We will improve the system of procuratorial supervision, establish special agencies within procuratorial organs responsible for case-filing, investigation and administrative law enforcement supervision, and give full play to procuratorial oversight functions.