论文部分内容阅读
今年3月以来,最高检在全国范围内部署开展破坏环境资源犯罪专项立案监督活动。笔者在分析河北省检察院公布的2014年以来立案监督的典型污染环境犯罪案件后认为,实践中,环境行政执法和刑事司法衔接上存在有案难移、有案拒接现象,公安机关通常以证据不充分为由拒不立案,环保机关经常以其作出的监测结果尚未经省级环保部门认证,不能作为刑事证据使用为由拒绝移送。造成上述现象的主要原因有:
Since March this year, the Supreme People’s Procuratorate has deployed and supervised special case filing and supervision activities that destroy environmental resources crimes throughout the country. After analyzing the typical pollution and environmental crime cases filing and supervising since 2014, the author thinks that in practice, there is a case that there is case transfer and case refusal on the connection between environmental administrative law enforcement and criminal justice. The public security organ usually uses evidence If they fail to file a case on insufficient grounds, the environmental protection authorities often refuse to transfer the monitoring results they have not been certified by the provincial environmental protection department and can not be used as criminal evidence. The main reasons for the above phenomenon are: