Joined Drug Enforcement And Criminal Justice

In the past two decades, the issues of drugs in our country, especially the "highly toxic pesticides", "toxic capsule", etc., reflected the existing problems and deficiencies in the field of drug administration to some extent currently. Cases of counterfeit or substandard drugs occur frequently, which is greatly related to the current system of drug regulatory mechanism in China, especially to unsound and imperfect cohesive mechanism of delivering administrative cases with suspected crime to criminal judicial organizations for treatment.Nevertheless, in the premise of existing problems in the cohesive mechanism, drug law enforcement agencies and criminal judicial organizations fail to form resultant force of fighting against drugs crime. The phenomenon that administrative penalty is substituted for criminal punishment even exists in drug law enforcement agencies in some places for the benefit of their own departments. In addition, there are also difficulties in the supervision channels of procuratorial organs, and this worsens the criminal activities of fighting and protecting drugs.Starting from the concept of administrative law enforcement, criminal justice, and of mechanism for linking administrative enforcement and criminal justice, through linking characteristics of two laws and the basic contents, this paper describes the concept of drug enforcement and of mechanism for linking drug enforcement and criminal justice. Taking the practice of Fan Xianghua case of suspected production and selling of fake medicines occurred in Yuehai, Guangdong province as the case, combined with the working mechanism and the current situation of linking China's drug enforcement and criminal justice, this paper makes analysis and obtains that there are three major issues in this case, namely, lack of related drugs affirmation standard, difficulty in delivery of the benefit game case and information barrier. A conclusion is drawn from the three major issues that the main reason why the linking between drug supervision administration enforcement and criminal justice is hypodynamic lies in imperfect laws and regulations involved in administrative enforcement and criminal justice in our country as well as unsound interest-oriented executive internal system of dug law enforcement and procuratorial supervision system in procuratorial organs.On the basis of analysis of existing problems and the causes in Fan Xianghua case, this paper has proposed suggestions of special legislation to establish the laws and regulations for linking the two laws, improvement in its legal hierarchy and integration of current laws and regulations in the field of drugs surveillance,so that drug enforcement and criminal justice in our country has legal basis in the process of convergence currently. By improving existing phenomenon of fines return system in drugs law enforcement oversight bodies in some areas of our country and cutting off relationship between drug enforcement authorities and the interests, the problem that administrative penalty is substituted for criminal punishment is gradually eliminated. Supervision intensity of two laws convergence process is enhanced by Improving information sharing platform,building specialized supervision teams, refining supervision and law enforcement basis and strengthening the procuratorial organ.