Research on the Reverse Transfer System between Administrative and Criminal Justice in Environmental Pollution Cases

DOI: https://doi.org/10.62517/jel.202614114

Author(s)

Wei Yu, Jiao Luo

Affiliation(s)

Department of Law, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

Under the governance concept of protecting the ecological environment through the strictest systems and the most rigorous rule of law, the effective connection between administrative law enforcement and criminal justice has become an important institutional guarantee for strengthening accountability for environmental violations. For a long time, theory and practice have mainly focused on the forward transfer of cases from administrative agencies to criminal justice authorities, while insufficient attention has been paid to the reverse transfer of cases back to administrative procedures after the conclusion of criminal proceedings. Environmental pollution cases have special attributes such as strong technical evidence, latent damage consequences, and diverse responsible parties. As a result, after criminal proceedings conclude due to insufficient evidence, minor circumstances, or exemption from criminal punishment, administrative penalty procedures are often not initiated in a timely manner, easily creating an accountability gap where there is neither criminal prosecution nor administrative penalty, thereby weakening the deterrent effect and institutional effectiveness of environmental rule of law. This paper takes environmental pollution cases as the research object, combines their special case attributes, and conducts a systematic study on the theoretical basis, practical operation, and improvement paths of the reverse transfer system. By analyzing the theoretical foundations, including legal liability theory and the principle of proportionality, and examining practical difficulties in procedural initiation, evidence conversion, liability pursuit, and supervision, this paper proposes institutional improvements such as refining procedural rules, establishing evidence conversion mechanisms, strengthening the administrative liability system, and enhancing procuratorial supervision. Through typified case analysis and examination of local practices, this paper aims to construct a well-coordinated accountability mechanism for environmental violations, thereby improving the overall governance effectiveness of environmental rule of law.

Keywords

Environmental Pollution; Administrative-Criminal Linkage; Reverse Transfer; Procuratorial Supervision; Legal Liability

References

[1] Lian Y. Analysis of the Evolution of the Administrative and Criminal Justice Connection System. Tribune of Political Science and Law, 2017, 35(05): 167-175. [2] Zhou Y. Research on the Two-way Connection between Administrative Law Enforcement and Criminal Justice: From the Perspective of Food Safety Case Transfer. Criminal Science, 2022, (04): 47-63. [3] Jiang L. Research on the Connection Mechanism between Criminal Case Transfer and Judicial Acceptance in Environmental Administrative Law Enforcement. Beijing: China University of Political Science and Law Press, 2020: 392. [4] Liu S. On the Construction of the Two-way Connection Mechanism between Administrative Punishment and Criminal Punishment. Law and Business Research, 2025, 42(02): 153-170. [5] Ma X. Justification and Systematic Construction of the “Administrative Priority with Criminal Supplementary” Model in Public Risk Legal Regulation. Legal System and Social Development, 2025, 31(05): 80-95. [6] Zhang D. The Development of the Substantive Mechanism of Reverse Connection between Administrative and Criminal Justice in Environmental Crimes from the Perspective of Proportionality Principle. Seeking Truth, 2025, 52(06): 134-143. [7] Zhou Q. The Realistic Dilemma and Improvement Path of the Connection Mechanism between Administrative and Criminal Justice in Environmental Governance. Journal of Hubei University (Philosophy and Social Science Edition), 2023, 50(02): 130-139. [8] Zhang X, Wang S, Yang X. The Path to Strengthening Reverse Connection between Administrative and Criminal Justice by Improving the Quality of Procuratorial Recommendations. Chinese Procurators, 2024, (01): 61-64. [9] Deng H, Li X. Demonstration of the Unified Environmental Criminal Legislation Model in the Compilation of the Ecological Environment Code. China Population, Resources and Environment, 2025, 35(08): 9-17. [10] Gong W. Promoting the Deepening of Reverse Connection between Administrative and Criminal Justice from Three Dimensions. Procuratorial Daily, 2025-09-24. [11] Huang M, Liu T. On the Setting of Connection Clauses between Administrative and Criminal Justice in the Unified Ecological Environment Code. Journal of Hunan University of Science and Technology (Social Science Edition), 2024, 27(02): 108-116. [12] Cheng H. The Method and Content of Stipulating Criminal Liability in the Compilation of the Ecological Environment Code. Journal of Hunan University of Science and Technology (Social Science Edition), 2024, 27(02): 90-99. [13] Huang X, Feng C. The Dilemma and Outlet of the Connection Mechanism between Administrative and Criminal Justice for Ecological Environmental Protection in the Context of Codification. Qinghai Social Sciences, 2025, (03): 156-167. [14] Mu T. The Codification Presentation of the Connection between Ecological Environment Administrative Law Enforcement and Criminal Justice. China Population, Resources and Environment, 2025, 35(08): 18-26. [15] Qiu T, Duan W. The New Development of the Trial Mechanism for Environmental Tort Cases in China: Based on Ten Cases Published by the Supreme People’s Court. Journal of Wuhan University (Philosophy and Social Science Edition), 2016, 69(06): 126-134.