Study On The Relationship Between Criminal Penalty And Administrative Punishment

Under the background of the rapidly developing of the Chinese economy and society, how to reinforce the society control, providing good environment for the society progress is a key question which we must face. In the rule of law society the society control should be abide of the law. Our goal is not only keeping the safe of the society, but also promoting the freedom and democracy of the society. So the proper society control method’s choice, especially under the harmony society’s background the choice of the punishment system which is the main part of the society control method, play a great role in the theory and practice significance.This dissertation consists of seven parts, except for the "Introduction" the main part is composed by six chapters:"Introduction" makes an in-depth analysis of complex economy and society environment which we must face. So adjusting our punishment system is essential. In this part the research direction and scope be limited. The article pays main attention on the distinction of penalty and administrative punishment, how to allocate the resource and power, the same principle of adjusting the punishment system and the need of law practice, the model choice of Chinese punishment.Chapter one introduces the research base of the article which reveals the content of the criminal penalty and administrative punishment and their relationship.Chapter two states the history of the punishment of the world which reviews its origin and development. It also makes a comparative research of criminal penalty and administrative punishment development of China and foreign country.Chapter three talks about the logical tenet of the punishment system changing and the inner problem of the punishment system. It also compares the legislation practices of Germany Japan and Taiwan district. After that it makes a theory bound of the criminal penalty and the administrative punishment.Chapter four discusses the issue of the overlapped law frame of the punishment system from three aspects of Law of Punishments in Public Order and Security Administration(LPPOSA) ,Criminal law and reeducation through labor.Chapter five takes a deep research on the law application procedures bound of the punishment system from the aspects of the overlapped parts of the three regulation.Chapter six firstly sums up the main idea of the above five parts, then it addresses the adjustment principal of the Chinese punishment system. The paper brings up that the adjustment of the punishment system of the world is becoming similar trend with the economy integration and the law globalization. In the western country it shows administrative power’s reinforcement and non-criminalized; however in China it shows restricting administrative power and criminalized trend. The paper considers that properly uses western country’s experience for reference and promotes the gradual adjustment of Chinese punishment system is essential.