The Convergence Between Administrative Penalty And Criminal Punishment In China

As two different kinds of legal sanctions, Administrative penalty and the Penalty play an important role in preserving social justice , stabling social order and building a harmonious society .Therefore, from the idea point of view ,these two kinds of punishment must form a coherent system as a whole. However, there are still many incompatible areas in reality. They mainly reflect in the contents of legislation and its enforcement process. This paper aims to identify the incompatible areas , to analyze the reasons for its existences , to find solutions to the problem ,and then to improve the interface between the two mechanisms.This first chapter describes the deficiencies in the convergence of administrative and penalty in static aspect , including problems in legislative content and measures, and also analyzes the two main causes of these problems: The legislation of executive law and criminal law lack coordination .The related legislative branch consider for special purpose . Then, in the second chapter describes the current situation in the convergence of administrative penalty and the penalty form the dynamic aspect : the abuse of punishment instead of penalty are seriously ; It appears competing phenomenon in practice . Also, analyzes these deep-rooted reasons for the situations: the executive's own reasons; the lack of prosecution and supervision; the convergence system is not perfect itself . In the end, the chapter gives a number of recommendations on perfecting the interface mechanism between Administrative Punishment and penalty , including the proposal of the static and dynamic convergence. The proposals in static are as follows: to perfect the content of legislation in each of them ; in the way of sound legislation. The proposal in static convergence includes : Transfer System; transmission mechanism of case information; for Coordination System; supervision and restraint system perfect.