| The cohesion mechanism between administrative law enforcement and criminal justice refers to two conditions. One is that administrative law enforcement officer discover illegal act with odious nature and serious damages, that only administrative penalty aren’t equal to the activity, so administrative officer transfer the case to public security organ and procuratorate to investigate, review and prosecute. The other is that when departments which have judicial power review case found that the act can’t establish crime, so such case should be transfer to administrative organ to handle. Such cohesion mechanism has two merits. On the one hand, it could contribute to the cooperation between executive power and administration power to ensure social functioning and safeguard citizens’ legitimate rights. On the other hand, it could effectively crack down on crime and give proper punishment to illegal activity of different levels. In practice the first condition happens a lot in the scene of confusion. Adopting punishment instead of penalty was common, meaning that criminal behavior which deserves criminal penalty ends up with administrative penalty.The gradual improvement of legal system in China builds a more and more perfect institution to make the society running smoothly. The reform and in force of Criminal Procedure Law contributes to a scientific criterion law enforcement. But this law only has general provisions towards the cohesion mechanism. This paper discusses the theoretical basis of this institution analyzed current situation and existing problems, then put forward a system envisaged, expected to provide some reference to institutional construction of the cohesion mechanism. To be specific, this paper discusses the cohesion mechanism from three aspects. The first chapter is administrative law enforcement and criminal justice cohesion overview, mainly discusses the difference and connection between the administrative law enforcement and criminal justice, clarifies concept definition of administrative law, criminal law and administrative, and the significance of smooth link. The second chapter discusses the problems existing in the administrative law enforcement and criminal justice cohesion, mainly from four aspects. First part is the transfer rule is not clear, for the transfer of standards, procedures and items no clearly specified. Second part is that bridging procedure efficiency is low, resulting in the loss of case evidence which is not conducive to the follow-up survey. Third part is department cohesion is not close together, causing defer in the cross realm of administrative organs, or determining the nature wrongly because of inadequate legal literacy. The forth part is that supervision function did not play, because the administrative law enforcement organs aren’t communicate timely with procuratorial organs, leading to procuratorial organs fail to understand the case information and carry out its function. The third chapter is the ideas to perfect system, from four aspects to carry on the construction, which are perfecting the transfer regulation, improving the efficiency of bridging program, perfecting the convergence procedure legislation, playing the functions of procuratorial organs. |
