Research On The Bidirectional Link Mechanism Of The Administrative Law Enforcement And Criminal Justice

Though currently China has enacted many normative documents on the link between the two law enforcement organs,the country has not established a complete mechanism on the link of the two law enforcement organs.Starting from the understanding of the traditional definition,which is that the administrative organ for law enforcement unilaterally transfers the criminal cases to the criminal justice organ,this paper has investigated the issues that have appeared in the operation of the existing link mechanism between the two law enforcement organs,analyzed the causes of those issues and made judgment on the theoretical basis of the traditional link mechanism between the two law enforcement organs,hence it has pointed out that we should follow the theory that matches law-breaching acts with their punishments in perfecting the link mechanism between the two law enforcement organs in a way that towards achieving a bidirectional link between the two.The discussion of this paper follows the line that goes from practice to theory and then returns to the practice.In the first part,by combing through the concept of the link mechanism between the two law enforcement organs,and hence the paper proposes the bidirectional definition of the link between the two law enforcement organs and introduces the operation status of the link between the two law enforcement organs.In the second part,it has found that there still exist the issues like administrative cases have been handled as criminal cases,criminal cases have been handled as administrative cases,administrative cases have not been punished,and then analyses the reasons that result in the unsmooth link between the two law enforcement organs.In the third part,this paper researches the theoretical base of the link mechanism between the two law enforcement organs and points out as the theoretical basis of the link mechanism between the two law enforcement organs,theories of check and balance and government by law shall not work,hence the paper proposes the theory that “matches law-breaching acts with their punishments”.In the fourth part,guided by the existing problems,according to the concept of bidirectional link,the writer has put forward suggestions for perfecting the mechanism between the two law enforcement organs in a few aspects like link awareness,coordination of the legislation,proof transferring and overall supervision and so on.Since the country adopts a dual system that separates the administrative enforcement of law from the criminal justice,it will inevitably involve the link between the two.The writer understands the link mechanism between the two law enforcement organs as the indispensable “patch” for the country's existing punishment system.Since it is a link between the two,it should not only include the link from administrative enforcement of law to criminal justice,but also include the link from criminal justice to administrative enforcement of law,in another word,the link should be bidirectional.Just because of the adoption of the theory of check and balance,it has given rise to a strong position maintained by the criminal justice organ over administrative organ for law enforcement,which also leads to the unidirectional link between the two law enforcement organs.The writer holds that bidirectional link between the two law enforcement organs is an inevitable choice,whereas in this case,the theory that matches law-breaching acts with their punishments can provide more scientific theoretical support.