| My country’s the system between mechanism of administrative law enforcement and criminal justice has achieved initial results,and its theoretical research is also relatively comprehensive.The system between mechanism of fishery administrative law enforcement and criminal justice is the system between mechanism of administrative law enforcement and criminal justice in the fishery field,which can promote fishery management to gradually embark on the legalized track of governing and prospering fishery in accordance with the law.The research on the system between mechanism of fishery administrative law enforcement and criminal justice is conducive to further improving the theoretical foundation of the national level execution link,and promotes the deepening of the system between mechanism of administrative law enforcement and criminal justice;is conducive to the process of law-based administration and rule of the country;is conducive to combating fishery illegal and criminal activities and safeguarding fishery management order to better maintain fishery resources and fishery ecological environment and promote the construction of ecological civilization.However,at present,my country’s the system between mechanism of fishery administrative law enforcement and criminal justice is slightly blank in theoretical research.In actual work,there are still common problems such as not shifting the case,not establishing the case,and substituting fines for penalties.Based on the above considerations,this article discusses from the following five parts:Part Ⅰ is the introduction,which mainly elaborates the research background,research significance,and research methods,and combs the research status at home and abroad in recent years.It is found that domestic scholars pay more attention to the theoretical research and mechanism construction of the system between mechanism of administrative law enforcement and criminal justice.Although there is no "the system between mechanism of administrative law enforcement and criminal justice" in foreign countries,there is a problem of the convergence between administrative punishment and criminal sanctions,and foreign scholars have carried out more research from the substantive aspect,which can be used as a reference for my country to improve the system between mechanism of administrative law enforcement and criminal justice.In addition,after a literature search,it is found that the current domestic research on the system between mechanism of administrative law enforcement and criminal justice in a certain field is mainly concentrated in the fields of finance,medicine,and food.Few scholars have studied the system between mechanism of fishery administrative law enforcement and criminal justice,but the protection of fishery resources and fishery ecological environment is crucial It is important to severely crack down on fishery illegal and criminal activities.Therefore,it is imperative to study the system between mechanism of fishery administrative law enforcement and criminal justice;Part Ⅱ is the basic theory of the system between mechanism of fishery administrative law enforcement and criminal justice,systematically combing fishery administrative law enforcement,fishery criminal justice,and fishery execution connection According to the concept and connotation of "Criminal Law",it is found that there are 5 kinds of crimes involving fishing in the "Criminal Law".After comparison,this article selects the most representative "crime of illegal fishing of aquatic products" as the starting point for research;Part III is the problem and reason analysis of the system between mechanism of fishery administrative law enforcement and criminal justice.This article sorts out the problems in the fishery execution connection mechanism from the two perspectives of case transfer and case acceptance.After analysis,it is found that the reasons for the problems in case transfer and acceptance are: imperfect legislation,There are problems in transfer procedures and evidence collection and use,lack of supervision,and imperfect information sharing mechanism;Part IV is the current status of the system between mechanism of fishery administrative law enforcement and criminal justice construction in my country.From the national and local levels,taking the Yangtze River Basin,Hunan Province and Jiangsu Province as examples,analyze the experience of the system between mechanism of fishery administrative law enforcement and criminal justice;Part Ⅴ is the improvement of the system between mechanism of fishery administrative law enforcement and criminal justice,based on the problems and reasons of the fishery execution connection mechanism,and draws on the fishery execution connection of Hunan Province and Jiangsu Province.The excellent experience in mechanism construction puts forward four suggestions: perfect relevant legislation,perfect fishery execution connection procedure mechanism,perfect supervision mechanism,and perfect information sharing mechanism. |