Discusses The Consummation Of The Combining Administrative Enforcement And Criminal Justice

In practice, many criminal cases are found by the administrative lawenforcement organs when they penalize the administrative violations. In this case,the administrative law enforcement organs should deliver the cases to the criminaljudicial authority. But because of the imcompletment of the connectionmechanisms between Chinese administrative law enforcement and criminal justicemechanisms as well as lacking the external oversight mechanisms. Many of thecriminal cases cannot be processed or can not be timely processed timely into thecriminal justice procedure and therefore give rise to the “punished instead ofsentenced” phenomenon appeared in large numbers.When discussing about how to deal with the issue of “punished instead ofsentenced”, we pay more attention to the imcompletment of the connectionmechanisms between Chinese administrative law enforcement and criminal justicemechanisms itself than the lacking of external oversight mechanisms.Comparingwith the connection supervision mechanisms between Chinese administrative lawenforcement and criminal justice whose main part is procuratorial organ,theconnection mechanism itself is also of great significance. Procuratorial organs, asthe legal supervisory bodies that are clearly stipulated by the Constitution, havethe power and duty to supervise the connection between administrative lawenforcement and criminal justice. In the meanwhile, the central position andfunctions of the procuratorial organs in criminal judicial determined the thefeasibility of supervision at the same time.Laws and regulations about administrative law enforcement and criminaljustice of our country at this stage is too low and lack of operability. Theseprobelms, coupled with the lack of evidence docking rules, all led to theout-of-order of the operation of connection between administrative lawenforcement and criminal justice in practice and the incapability to achieve the desired results. At the same time, due to the lack of legal supervisory mechanisms,the procuratorial organs cannot supervise the illegal behavior effectively, and theviolations grow further by the process of connections.In order to facilitate a suspected criminal cases to enter the criminal justiceand secure the realization of the national penalty, we need not only to strengththe building of the administrative law enforcement and criminal justicemechanism itself, but also to complete the legal supervision mechanism forprocuratorial organs during the convergence of administrative law enforcementand criminal justice. For administrative law enforcement and criminal justicemechanism itself, we can enhance the detailed specific provisions of the legalfoundation, and improve their operability. At the same time, it is of great necessityto establish criminal-first ethical principles and their application methods andprocedures, in order to avoid the conflict of the right between administrativepenalties and criminal penalties. And the way to perfect the legal supervisionsystem for procuratorial organs is that we should focus on setting up an excellentsupervision system not only about placing a case on file but also about sending acase to the exact judicial departments. What’s more, the importance of proofs ofsupervision and the rights to know the facts for procuratorial organs should also beemphasized. And the only method to make the administrative enforcement workwell with the Criminal judicial system, though it is a complexly systematicalquestion, is to enforce the links between administrative enforcement and criminaljudicial system, as well as the supervision system at the same time. As a result,cases could be sent to the correct department smoothly and the justice could bedone finally.