Research On The Problems And Countermeasures Of The Connection Between "Administrative Law Enforcement And Criminal Justice" Of China Coast Guard

At present,although the system of convergence of administrative law enforcement and criminal justice（hereinafter referred to as the "two laws" convergence）has initially taken shape,there are still many problems in practice due to the imperfect basic theory and legislation,and the weak operability of relevant norms.In the specific operation of the "two laws" convergence system,the maritime police law enforcement departments in which the author works also have many difficulties which are difficult to solve effectively.The phenomena of "not moving a case,not moving a case,substituting punishment for punishment,not punishing only" still exist.In view of this,the author has carried out an in-depth study of the "two law convergence" system of the maritime police,in order to better guide future work.This paper is divided into three parts to elaborate.The first chapter mainly elaborates the basic situation of the convergence of the "two laws" of the maritime police.From the content,characteristics and existing legal norms of the convergence of the "two laws" of the maritime police,the author combines the theoretical research of some legislation and the practice of law enforcement to analyze,which provides a basis for the next analysis of the existing problems.The second chapter focuses on the analysis of the existing problems of the convergence system of the "two laws" of the maritime police.With a large space,the author enumerates the shortcomings of the system from the aspects of imperfect legal norms,lack of Cohesion Mechanism and supporting system measures,and points out that the Cohesion Mechanism of the "two laws" of the maritime police has been seriously restricted by the above reasons.Chapter three puts forward effective measures for the convergence system of "two laws" of maritime police.The author proposes to provide the system guarantee from the legislation,establish the principle of criminal priority relativity and the principle of no penalty for one thing in connection with the "two laws" of the maritime police;at the same time,through improving the matching system mechanism and matching measures,to construct the mechanism of division of labor and cooperation between the "two laws",improve the case consultation system,build a comprehensive application platform of law enforcement,and improve the case consultation system.By means of establishing the accountability mechanism of case inspection supervision,strengthening the function of law enforcement supervision of procuratorial organs,and perfecting local safeguard measures,we can provide the guarantee of landing operation in law enforcement.