The Information Sharing Mechanism For Linking Administrative Law Enforcement And Criminal Justice

In recent years, interlinking of executive law enforcement and criminal judicature is taken as both an important measure for the governance of market economic order in socialism with Chinese characteristics and an crucial task in the reform of the judicial system. Information sharing platform serves as media for information sharing mechanism (ISM) of the legal connection between the two aforementioned laws. The working mechanism that executive law-enforcing departments, criminal judicial organs and legal supervisory departments upload cases information onto the platform without any delay, facilitates criminal judicial organs to obtain information and clues related to relevant cases, which also promotes effective transferring of suspected criminal cases, guiding composite forces in the crusade against crimes. Meanwhile, such mechanism also improves transparency of executive law enforcement, which subsequently not only avoids suspected criminal cases being processed in administrative procedures, and also restrains and prevents duty crimes in executive law enforcement. However, the information sharing mechanism (ISM) does not give a full play to its design functions in current practice of legal interlinking because of various reasons. The multiple problems in both its construction and operation have directly restricted the advancement of legal connection between executive and criminal laws.This paper probes into status quo of current information sharing mechanism (ISM), based on data and materials filed by procuratorates in their promoting of this linkage. Research and analysis of the legal linkage is approached from the perspective of seven challenges including insufficient legislation, lower degree of cooperation from executive law enforcing departments for information sharing, slackness of obligations in criminal judicial organs, ambiguous standards for information sharing in executive law enforcement, lack of supervision upon information sharing mechanism, disorder construction of information sharing platforms and uncoordinated development of ISM.The improvement and consummation of information sharing mechanism between executive and criminal laws is explored from eight aspects in present paper, which includes reinforcing better legislation, promoting approval of information sharing mechanism in executive law enforcement departments, facilitating performance of duties among criminal judicial organs, unifying single standard for information sharing in executive law enforcement, establishing multi-dimensional supervisory system for ISM, accelerating construction of national-wide information sharing platforms, promoting reasonable interest relations to support economic guarantee for coordinated development of ISM across China, proving regional information sharing mechanism with science & technological support by introducing new technologies as well as new concepts and ideas.