On The Connection Between Administrative Penalty And Iminal Penalty In China

Administrative penalty and iminal penalty belong to the administrative law system and the criminal law system respectively.Although the two kinds of different imputation form adjustment scope,the applicable legal provisions,the implementation of the authorities,penalties and punishment result are not the same,but the two kinds of liability is not at the legislative level and the applicable law is the relationship between rejection,either this or that,for some illegal and criminal acts,especially in economic crime and administrative crime,legal space for administrative punishment and iminal penalty have,also is to say both in legislation and application of law on competition relationship exists.It is the concurrence of administrative penalty and iminal penalty on the two levels,which provides the actual possibility of constructing the cohesion system between the two,but there are still shortcomings and defects in the cohesion system between the two modes of responsibility.The main purpose of this thesis is to make an in-depth analysis of the cohesion and the existing problems in the two aspects of legislation and judicial application,in order to have a systematic and accurate grasp of the cohesion system of the two penalties.On the convergence of administrative penalty and criminal punishment,administrative criminal law emphasizes the difference and relationship between them in the relationship between administrative punishment and iminal penalty,although between punishment types,applicable conditions and objects are different,but both in principle and essence of value orientation is still the same.Administrative punishment and iminal penalty as the subordinate concept of different legal departments,two different,before analyzing the convergence of the system of two kinds of liabilities in the first chapter,the author starts from the basic concept of respectively know these two kinds of punishment measures,in order to between the difference and contact analysis.There are two aspects of the connection between administrative penalty and iminal penalty in legislation,namely,the formal cohesion and the connection of content.Because the legislative activities determine the judicial practice,so the legislative level can build a good connection between the two systems,which is the basis of the smooth cohesion of the judicial system.The connection of administrative penalty and iminal penalty in legislation not only includes the connection of legislative content,but also includes the connection of two kinds of punishment in legislative methods.Thecohesion of administrative penalty in judicial application includes the cohesion of applicable method and the cohesion of applicable procedure.By analyzing the specific manifestation of cohesion,we can really understand the connotation and extension of the cohesion system,and also find out the shortcomings and shortcomings of the cohesion system.According to the existing laws and regulations of our country,the connection between administrative penalty and iminal penalty in legislation is mainly reflected in two aspects: the connection between administrative law and criminal code and the link between administrative penalty and punishment.There are differences in the legislative mode between the administrative law and the criminal code,while the problem is the root cause of the connection between the two,and is the main source of the two problems in the judicial level.The problems existing in the connection of administrative penalty and iminal penalty in the application of law are more intuitive,mainly including two aspects: there is no clear stipulation in the concurrence of the two parties and the defects in the transfer of administrative crime.There are usually two legal consequences caused by administrative crimes.One is the responsibility of administrative illegality,and the other is criminal responsibility.To improve and solve the administrative punishment and penalty cohesion,legislation model of administrative criminal law is mainly dependent on the dispersion type legislation,the legislation does not solve the problem,the connection between administrative punishment and penalty in our country so well,some scholars put forward to change the existing mode of legislation--the independent mining type of legislative mode,it is more properly solve the problem of the connection between administrative punishment and penalty in our country.In order to solve the problem of lack of cohesion between administrative penalty and punishment,we should improve the legislative system of coordination among legislators.The lack of cohesion in punishment is the root cause that legislators do not fully consider the legislative system in legislation.Therefore,it is necessary to integrate the experts in administrative law and penal code,and put forward specific cohesion solutions to the problem of punishment cohesion.Exist in the application of law between administrative punishment and penalty problem is mainly the problem existing in the process of implementation of the law,can be considered from the strengthening of the internal supervision and management of the administrative organ,the three aspects of theimprovement of the prosecutorial supervision of administrative crime,improve the administrative transfer system in order to strengthen the perfect crime.There are more than twenty thousand redundant characters.This paper hopes to have a deeper insight into the connection system between administrative punishment and criminal punishment.However,it is still limited by the academic level and quoted literature works.This also hope the teacher can guide students to teach one or two,even.