中国人口·资源与环境2025，Vol.35Issue(8)：18-26,9.DOI:10.12062/cpre.20250703
生态环境行政执法与刑事司法衔接的法典化呈现
Codification of the cohesion between ecological environment administrative law en-forcement and criminal justice
摘要
Abstract
The Ecological and Environmental Code of the People's Republic of China(Draft)(hereinafter referred to as the Ecological and Environmental Code(Draft))is an effective way to address the conflicts in the cohesion between ecological environment administra-tive law enforcement and criminal justice.Although the system of the Ecological and Environmental Code(Draft)is extensive and con-tains much overlapping content,there is still room for further improvement in the establishment of this cohesion.Such cohesion in the Ecological and Environmental Code(Draft)should follow a systematic approach and clarify the legal responsibilities of the relevant sub-jects.At the conceptual guidance level,based on the unity of legal order and the concept of prevention,it should realize the effective asso-ciation between pre-existing environmental laws/regulations and environmental criminal legal norms and clarify the boundary between pre-existing administrative law enforcement and criminal accountability.Simultaneously,it should establish clear value evaluation crite-ria and system function positioning at both administrative and criminal law levels.Based on the attribute positioning of administrative law and in accordance with the requirements of criminal legal norms,it should make reasonable adjustments to achieve the"adjudication"application effect of criminal legal norms in the code provisions.At the framework level,it should adopt an overall technical scheme of"general-specific-general,"add connection clauses for substantive and procedural aspects in the Ecological and Environmental Code(Draft),issue normative documents with the cohesion between ecological environment administrative law enforcement and criminal jus-tice as the regulatory object,and form general applicable rules for this cohesion according to the stages of ecological protection construc-tion and the complexity of power.It should also establish a dynamic adjustment mechanism for administrative and judicial powers to real-ize the organic connection of various sections of the code,particularly achieving logical coherence between legal liability and supplemen-tary provisions.At the normative setting level,based on the compilation requirements of moderate codification,it should clarify the order-ly distribution of functions and powers and the coordinated division of labor between administrative and judicial organs.It should imple-ment legislative and technical linkages for elements such as criteria for transferring environmental cases and evidence cooperation for en-suring the cohesion between ecological environment administrative law enforcement and criminal justice of execution and construct a two-way case consultation and transfer system for the code to avoid the dilemmas of judicial application caused by normative conflicts.Mean-while,it should standardize the early intervention procedure for environmental criminal justice,strengthen the supervision power of proc-uratorial organs,anchor their function positioning in transfer supervision and performance supervision,and clarify that procuratorial or-gans should not intervene in advance in administrative investigations of general environmental violations under non-special circumstanc-es.Finally,this study proposes supplementary amendments to certain provisions of the Ecological and Environmental Code(Draft).关键词
生态环境法典/行政执法/刑事司法/行刑衔接Key words
Ecological and Environmental Code/administrative law enforcement/criminal justice/cohesion between ecological envi-ronment administrative law enforcement and criminal justice分类
社会科学引用本文复制引用
牟桐..生态环境行政执法与刑事司法衔接的法典化呈现[J].中国人口·资源与环境,2025,35(8):18-26,9.基金项目
国家社会科学基金一般项目"金钱类环境责任的序位与衔接研究"(批准号:21BFX132). （批准号:21BFX132）
