执法环境监测数据的有效性审核要点

简述了环境监测数据在环境执法中的证据效力,指出,环境监测数据作为环境执法依据和行政处罚证据时,应对监测机构资质、监测样品、分析方法、仪器设备、质控措施、监测记录及结果等进行有效性审核。结合案例,分析了环境监测资料中存在的问题和改进措施,提出,环境监测数据作为证据资料提交给法庭时,需要所有与此项监测工作有关的资料作为支撑,监测机构在提交监测数据之前必须进行严格的审核和把关,只有合法有效的环境监测数据才具备证据能力,真正服务于环境执法和环境管理。

The Key Points of Effectiveness Review on Environmental Monitoring Data for Law Enforcement

The validity of evidence of environmental monitoring data for environmental law enforcement were expounded. As the basis and evidence for environmental law enforcement and administrative penalties, the monitoring agency qualification, sample,analytical method,equipment,QC measures,record and result must be reviewed effectively. With a case combined, problems existed and improvement measures for environmental monitoring material were analyzed. And it puts forward that all the relevant information must be as a support when environmental monitoring data were submitted to the court. Monitoring agency must review and check the material strictly before submitting to the court. The evidence ability depends on its legality and effectiveness, that can really service for law enforcement and management.