Administrative Law Enforcement And Criminal Justice Cohesive Mechanism Research

Through more than ten years to build and repair, administrative law enforcement and criminal justice of our country has basically formed the framework of cohesive devices, And in the national management plays a more and more important role in the process. In October 2014, the fourth plenary session of the 18 resolution is put forward and improve the mechanism of administrative law enforcement and criminal justice cohesion, to realize the seamless docking administrative penalties and criminal penalties, embodies the national cohesive work of administrative law enforcement and criminal justice. From central to local levels constantly introduce appropriate measures to safeguard mechanism to run, but in practice, there are still imperfect legislation, operability is not strong, such as problems, hindered the administrative law enforcement and criminal justice cohesive devices running, not conducive to the mechanism and better play a role in a larger scope.Cohesive mechanism of administrative law enforcement and criminal justice as a coordination mechanism, the mechanism of running too much depends on the administrative law enforcement and criminal judicial authority consciousness coordination and supervision and coordination, the lack of a unified national legislation level, clear, authoritative legal norm constraint, and in the practice of regional department cohesive mechanism operation mode, the actual effect is not so good. If not fundamentally solve these problems, the administrative law enforcement and criminal justice cohesive mechanism will be difficult to adapt to the development of the socialist rule of law, become a historical problem in the process of the rule of law in our country.In this paper, the concept of administrative law enforcement and criminal justice, relationship problems as a starting point, the preliminary in this paper, the administrative law enforcement and criminal justice the concept and significance of cohesive devices, combined with domestic and foreign scholars analysis studies from the perspective of the mechanism is based on theory of separation of powers, the administrative criminal law theory, the efficiency and justice, law and sanctions equivalence principle, the theory of the socialist rule of law. From the current legislative status quo of cohesive devices and working status quo interpretation of the mechanism of operation mode, and from the five aspects such as legislation system, analyze the factors restricting the effective connection mechanism in combination with working practice, emphatically put forward the perfect legislation and improve administrative law enforcement ability and level, strengthens the evidence linking, strengthening the construction of supporting measures and perfect the supervision system and so on, in the hope of promoting the construction of the rule of law of socialism with Chinese characteristics can process.