The Dilemma and Breakthrough of Criminal-Administrative Linkage in Environmental Resources Cases from the Perspective of Evidence “Transformation”

The Dilemma and Breakthrough of Criminal-Administrative Linkage in Environmental Resources Cases from the Perspective of Evidence “Transformation”

Authors

  • Jiaxin Wan Law School, Southwest Petroleum University, Chengdu 610500, Sichuan, China
  • Yuxin Gu Law School, Southwest Petroleum University, Chengdu 610500, Sichuan, China

DOI:

https://doi.org/10.66069/ojspub.22770802

Keywords:

Evidence “Transformation”, Environmental Resource Cases, Criminal-Administrative Linkage, Reverse Criminal-Administrative Linkage

Abstract

The core challenge in contemporary environmental justice lies in the misalignment between administrative law enforcement evidence and criminal judicial proof standards. Administrative evidence such as environmental monitoring reports often fail to meet the stringent “beyond a reasonable doubt” standard required in criminal proceedings. There exists significant institutional conflict between the “dominant evidence” rule for administrative violations and criminal prosecution requirements. Critical evidence like electronic data and expert opinions face ambiguous admissibility rules in criminal proceedings. From a systemic perspective, the administrative subordination of environmental crime elements leads to excessive reliance on administrative evidence in criminal justice. Incomplete procedural coordination mechanisms and fragmented accountability systems have resulted in practical distortions such as “penalty substitution for criminal prosecution.” To address this dilemma, it is essential to reconstruct mechanisms centered on evidence synergy, establish evidence conversion guidelines, and develop a “tiered proof standard.” Innovative approaches including “two-way consultation and joint evidence collection” models and digitalized information-sharing platforms for criminal-administrative proceedings should be implemented. Additionally, establishing ecological restoration liability offset rules, piloting “administrative compliance non-prosecution” systems, and coordinating legal revisions to build a “trinity” legal safeguard framework are crucial for meeting environmental governance demands.

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Published

2026-08-23

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