Cohesive Mechanism Of Administrative Law Enforcement And Criminal Justice Research

The administrative law enforcement and criminal justice are connected closely and inseparably in the law enforcement and justice practice,when the administrative illegal actions reach a certain degree and violate the Criminal Law,the administrative illegal actions transforms to criminal act.Research of administrative law enforcement and criminal justice cohesion mechanism to solve this problem is of vital importance(hereinafter "coordination of both law").Since 2001,the state council and the Supreme People's count and the Supreme people'procuratorate released a series of regulations and judicial interpretation.The theorists are trying to solve the practical difficulties,which are procedural?administrative penalities and criminal justice penalities.But there are lack of evidence theory between the administrative enforcement and the criminal justice.Normally,when the administrative enforcement found a criminal behavior,it should transfer the case to investgating authorties,then the investigating authorities is responsible for the case to survey.At last,it transferred the case to the people procuratorate.The Public Prosecution service will pursue accused responsibility.But in our real life,there is a lot of problems between administrative enforcement and the law enforcement.Part of the administrate make personal benefit group doctrines or the adminsitive law enforcement of criminal reject to accept for punishment.Thus it emerged that to given punishment replaced punishment?crime will not be investigated?a case isn't over and put on record.It is called the phenomenon "more than four and four little".This administrative behavior not only seriously damaged violate the criminal justice principle.China is a socialist country,fairness and justice is one of emphasizing the theme of the appearance of being in the social life,mainly because of lack of social system of a benign.Administrative crime in essence is a kind of serious administrative illegal act,it must be subject to criminal penalties,and thus on the program is compatible with the two administrative litigation and criminal litigation procedure.The punishment for the use of ordinary administrative punishments for administrative crimes has violated the legal principle of criminal punishment.Way of criminal penalties for administrative crimes should be decided by the special qualities must apply harsher criminal law to punish,but also embodies the country to fight the firm position of administrative crime.Regulation of administrative crime should combine criminal law and administrative law,play the advantages of two kinds of common law,integrated punish,indeed,to maintain the authority of the law,truly fair justice and strict law enforcement,law general prevention and special prevention double combination.China's relevant laws and regulations the people's procuratorate has the right of legal supervision,but the specific how to operate,the law does not give specific operation steps.This makes the function of procuratorial organs become meaningless.In judicial practice,the administrative organ in in the process of law enforcement can always lead to cases involving crimes,but in the end can be transferred to judicial organs,enter the judicial process after the judicial trial is punished by penalty.Criminal judicial authority is source will appear this kind of circumstance,because too passive,can only passive to accept the administrative authority to the criminal case,the administrative organ is not active on the other hand,there are part of the administrative law enforcement organs affected by other factors of interference or for other purposes,without authorization,detained in a case should be transferred to judicial organs and to processing by means of the administrative penalty.So to be able to effectively supervise administrative organs of the administrative power,vest procuratorial organs with must be practical and effective supervision.Therefore,it is the main object for our theorists to study and criminal justice.How to establish a scientific and effective mechanism of the two laws to cooperate with each other,mutual supervision and especially how to give play to porcuratorial organ's role of legal supervision,it has become a socialist problem under the law of our country which need to solve.This article from our legislature constituted from our legislature constituted"coordination of both law"of legal norm and practical problem in procuratorate during the internship period.I come up with some suggestions on legislation no how to perfect the related laws and regulations,which applied administrative power dividing theory and on contradictions and so on to discuss the methods.