近日,笔者关注到,某市环境保护局对已经移送公安机关案件的当事人做出罚款的行政处罚。但是,关于环境行政执法措施和刑事责任措施的时间顺序问题,不同的人会有不同的看法。有观点认为:“如果案件已经进入刑事程序,行政机关还强行给予当事人行政处罚,实质上是把行政行为凌驾于司法行为之上,否定了司法行为的效力。”鉴于环境行政执法手段和刑事手段的目的和形式均不同,笔者认为上述观点值得商榷。很多环境污染刑事案件在追 Recently, I have been concerned that an environmental protection bureau of a municipality has imposed an administrative penalty for fining a party that has already been transferred to a public security organ. However, different people may have different opinions on the chronological problems of environmental administrative law enforcement measures and criminal responsibility measures. The view is that: “If the case has entered the criminal proceedings, the administrative organ also imposes administrative penalties on the parties, in essence, the administrative action above the judicial acts, denying the effectiveness of judicial acts.” "In view of the means of environmental administrative law enforcement and The purpose and form of criminal means are different, I think the above point of view is questionable. A lot of criminal cases of environmental pollution are chasing