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Opinions on strengthening environmental protection and public security departments to work with law enforcement convergence 

 

Provinces, autonomous regions and municipalities Environmental Protection Agency (Agency), Public Security Department (Bureau), the Xinjiang Production and Construction Corps, the Environmental Protection Agency, the Public Security Bureau: 

 

To punish the criminal acts of environmental pollution, protect the health of the people, is to strengthen environmental protection, public security convergence of the two departments work in environmental law enforcement cooperation to make the following observations: 

 

A further understanding of the importance of convergence with the work of environmental enforcement 

 

(A) establish a sense of responsibility, a clear regulatory responsibilities. Environmental protection departments should strictly according to law, and seriously implement the environmental laws and regulations, and increase efforts to deal with environmental violations. Good supervision and management of sewage companies, the establishment of key corporate governance archives; strengthening routine inspection, inspection companies focus on pollution control facilities operation and pollutant emissions, and to impose administrative penalties for environmental violations according to law. 

 

Police departments in accordance with relevant provisions of the "People's Republic of China on Public Security Administration Punishment Law," the illegal discharge, illegal dumping of hazardous substances, as well as theft, damage to environment monitoring facility security management violator shall be punished according to law. In accordance with the relevant provisions of "People's Republic of China Criminal Law" and other alleged environmental pollution constitutes a crime, to investigation. To obstruct the environment supervision and inspection or investigation of the behavior of environmental emergencies, public security departments should promptly eliminate obstruction, and resolutely deal with according to law. Due to environmental enforcement may lead to mass incidents, environmental protection, public security departments to report the party committee and government immediately and properly disposed of in the party committee and government unified leadership. 

 

(B) establish a sense of cooperation, joint regulation outstanding environmental issues. Levels of environmental protection, public security departments should work closely with local conditions, strengthen law enforcement authorities linked to play the advantages of consolidated supervision, conduct unified action, concentrate on solving the outstanding problems in a certain area, a certain period of serious pollution of the environment, a strong public reaction. To continue to promote joint enforcement administration according to law, and make sure that strict, standardized, fair and civilized law enforcement. 

 

(C) establish evidence of consciousness, according to the law to crack down on environmental pollution and crime. Levels of environmental protection, public security departments should firmly establish evidence of consciousness, timely, comprehensive and accurate collection of various types of crimes alleged environmental contamination of evidence. Department of Environmental Protection in the enforcement process to timely collection, extraction, monitoring, fixed pollutant type, concentration and quantity of evidence. Public security organs at all levels of environmental pollution investigation of criminal cases in accordance with law, must rely on the expertise and technical support for environmental protection departments, improve work quality. Public security organs should be combined with their own functions, active Mopai environmental pollution crime clues, mobilize the masses, environmental pollution investigation of criminal cases, supervise the handling of major cases, and resolutely crack down on environmental pollution, according to the law of criminal cases. 

 

Second, strengthen organizational leadership, work together to establish a sound mechanism for convergence 

 

(A) establish linkage joint conference system for law enforcement to address the significant linkage issues. Levels of environmental protection, public security departments should establish a joint conference system, if necessary, may be invited to the People's Procuratorate, the government legal agencies and other relevant departments to participate in the joint meeting. Organize regular joint meetings, give full play to the role of coordinating the joint meeting of the guidance, informed investigate environmental law violations and the situation linkage work, research work in linkage problems countermeasures proposed to strengthen the linkage work. Coordinate and solve problems related to environmental law enforcement departments to establish long-term working mechanism to promote joint cooperation and coordination. Should form a joint meeting minutes of the meeting, expressly agreed matters. 

 

(B) establish joint law enforcement liaison system, strengthen law enforcement daily linkage. Levels of environmental protection, public security departments should be clear within the organization functions in environmental law cases dealt with in the division, were led to identify specific departments and liaison officers, to carry out regular information exchange, coordination handle environmental criminal cases. Develop joint work programs and action plans, and actively carry out joint special operations law enforcement, increase the significant environmental criminal cases consolidated punishment. 

 

(C) the transfer of cases to establish a sound mechanism to regulate the linkage enforcement procedures. Levels of environmental protection, public security departments should strictly follow the law, and constantly improve the suspected breach of security management, environmental pollution, the transfer of criminal cases, acceptance, filing mechanism. Levels of environmental protection, public security departments must follow "on environmental protection administration departments environmental crimes allegedly transferred a number of provisions" (UNCED [2007] No. 78) and the region to develop the requirements regarding the transfer of cases, a clear case transferred responsibilities, timelines, procedures and supervision requirements, actively carry case investigation, evidence collection, applicable law, etc., to prevent the "Yifadaixing." 

 

(D) the establishment of a major case consultation and supervision system, strengthen the case of risk judgments. For the case of major, complex, large social impact of the case, the environmental protection department in conjunction with the public security departments have jointly supervise the handling, inviting People's Procuratorate, when necessary, government legal, safety supervision departments, for the nature of the case, complexity, involving range, may lead to case consequences, judged ex ante risk assessment, investigations and cases, the use of evidence and other details were discussed to ensure that the case according to law. 

 

(E) the establishment of a joint investigation mechanism emergency cases, do law enforcement work seamlessly. In case of major emergencies such as environmental pollution, environmental protection, public security departments should promptly initiate the investigation procedure, division of labor, to prevent the loss of evidence. Department of Environmental Protection is responsible for pollutants sampling, monitoring, monitoring reports issued, investigation and evidence collection work according to the law, to improve the efficiency of case investigation. Environmental pollution is not easy to determine the identity of the responsible person involved in the case, may escape, hard evidence preservation, may be suspected of violating public order management or environmental pollution crime, public security departments it shall promptly investigate investigation. 

 

(Vi) establish case information sharing mechanism to improve the efficiency of law enforcement linkage. Environmental protection, public security departments at all levels should learn based on their expertise and law enforcement characteristics from each other guidance, joint research efforts to improve the capacity and quality of evidence investigation, to achieve mutual trust and sharing of evidence. The two departments should promptly inform the environmental pollution dynamic handling of criminal cases, joint analysis of the cases handled difficult problems, joint research strategies and mechanisms to combat environmental pollution crime. Conditional area can make use of electronic office systems set up electronic environmental protection, public security and joint law enforcement system to achieve environmental law cases information interoperability, improve the efficiency of law enforcement linkage. 

 

(Vii) establish incentive mechanisms to improve the efficiency of law enforcement. Environmental protection at all levels of the department of public security departments to combat environmental pollution crimes, conducting joint law enforcement and other objectives included assessment of the system, and organized an annual award in recognition of the work of law enforcement officers to effectively mobilize the enthusiasm and initiative. Environmental pollution investigation of criminal cases that do not check that the transfer does not transfer, or interfere with investigation of the cases, and even shielding and abetting, and shall be held dereliction of duty, abuse liability of officers. 

 

Third, strengthen the security measures, to lay the foundation for interaction with the work of law enforcement 

 

(A) provide organizational support, in close coordination and cooperation. Levels of environmental protection, public security departments to strengthen organizational leadership, responsibility department and responsible person, carefully plan carefully, to develop implementation plans to establish long-term mechanism, conscientiously study and solve the difficulties and problems that exist with the enforcement of convergence, and promote norms and strict law enforcement. Environmental protection, public security departments designated full-time staff in charge of the case is transferred to review work full-time to combat environmental pollution illegal, criminal behavior, and promote environmental enforcement linkage normalized and institutionalized. 

 

(B) strengthening business training, improve handling level. Levels of environmental protection, public security departments should improve the quality of law enforcement officers as one of the most pressing business foundation work, really good, good job and achieve tangible results. Through joint training, the typical case analysis, cross-sectoral learning and other forms of exercise, a comprehensive and systematic study law, regulations and standards of law enforcement and criminal investigators involved in environmental protection, focusing on strengthening the case investigation and evidence collection, handling and transfer of knowledge of the relevant laws applicable training, improve environmental handling ability and level of enforcement. 

 

(C) step up publicity efforts to create a law enforcement atmosphere. Levels of environmental protection, public security departments should adhere to the mass line, mobilize the masses, relying on the masses, for the masses to understand and support for environmental law enforcement. Carry out the "protection of the environment is everyone's responsibility" public education, in-depth chemical, paper, pharmaceutical, printing, mining, smelting, solid waste handling high-polluting enterprises by Case, strengthen education warning effect, deterring environmental violations person . To publish reports of phone, email or microblogging, convenient for people to report complaints from environmental law violations. Verified by the masses for clues, want to informants cash reward. 

 

(D) the implementation of financial security, to ensure the orderly functioning. Levels of environmental protection, public security departments should strengthen the enforcement mechanisms of convergence with building financial security, the required daily office, information exchange, reward, handling equipment, personnel training, education and other work expenses included in the budget department annual work actively to the Financial departments to apply for special funds to ensure the convergence of environmental enforcement cooperation mechanisms operate normally. 

 

Please convey this opinion to the county environmental protection department progressive and grassroots public security handling units. Problems encountered in the implementation were to consult the Ministry of Environmental Protection, Ministry of Public Security.