Research On The Practical Problems Of The Connection Between Administrative Law Enforcement And Criminal Justice

The working mechanism of linking administrative law enforcement with criminal justice was first proposed by the state council in 2000 and actively promoted by the people’s procuratorates.In 2014,the fourth plenary session of the 18th CPC central committee was held.The decision of the CPC central committee on several major issues related to comprehensively advancing the rule of law was adopted at the plenary session,which clearly stated that administrative law enforcement and criminal justice should be improved to achieve seamless connection between administrative law enforcement and criminal justice.So far,the construction of the working mechanism of the reduced cohesion in our country has made 20 years,for consummates our country judicial power of the restriction of administrative power,to safeguard economic security,standardize the order of market economy,to blow to endanger the safety of food and drugs,destroy the ecological environment,hinder the safe production and so on seriously infringe on the legitimate rights and interests of the people,damage to the livelihood of the people’s sin,are of great significance.This paper intends to further promote the study of the connection between the two laws in the theoretical aspect,so as to make contributions to the improvement of China’s socialist legal system,the promotion of the comprehensive rule of law,and the construction of a socialist country under the rule of law.In practice,this article aims to break the practice of administrative law enforcement and criminal justice to connect and work mechanism of many problems,make the reduced working mechanism not only exists in the regulatory documents on paper,more in the administrative law enforcement organs and public security organs,people’s procuratorates such as the reduced cohesive body of work and efficiently really play the working mechanism of the proper role.This paper introduces the concept of the reduced cohesion in our country is put forward and development,analyzed the reduced cohesion work to promote the cause of the slow,think the reason is comprehensive,with high rates of legal documents of administrative law enforcement and criminal justice principle regulations,only the reduced cohesion work the main rates low according to the law,administrative law enforcement organs and public security organs transfer between case work is not smooth,the legal supervision of the people’s procuratorates is lack of rigidity and inefficient.Discusses the administrative law enforcement and criminal justice join the definition of related concepts,proposed the reduced cohesion in the cohesion of the administrative law enforcement and criminal justice,should be the administrative law point of subsets of the definition of administrative law enforcement in the narrow sense,refers to administrative law enforcement organs of illegal behaviors conducted by the administrative investigation and inspection,think that administrative law enforcement organs of the reduced cohesion of lower initiative with China’s laws and regulations of the contradiction between the reduced cohesion strict requirements is the principal contradiction of the reduced cohesion work,pays special attention to the principal contradiction,the subsequent criminal prosecution work will be readily solved.According to legal status from high to low order,this paper expounds the various legal status in the reduced cohesion legislation present situation and the existing problems,and that the "criminal law" law on administrative punishments,such as the provisions of the laws of the reduced cohesion is too principle,interface as the reduced mainly according to the administrative law enforcement authority to the regulation of alleged crimes "on strengthening the administrative law enforcement and criminal justice cohesion work opinion" is the administrative rules and regulations,legal status and low,local regulatory documents played a limited role.There is no clear mechanism for the transformation of administrative evidence into criminal evidence.These circumstances are not conducive to the promotion of the work of linking the two laws.It is believed that the regulations formulated by various ministries and commissions under the state council,which are applicable to food and drug safety,environmental protection,production safety and other industries,reflect the idea that the relevant administrative law enforcement organs and judicial organs of the state take the industry areas that most reflect the vital interests of the people as the key points of the work of linking the two laws.Combination between 2001 and 2018 work report of the Supreme People’s Procuratorate,several existing effective judgment practice favoritism is not handed over to the criminal case criminal case,and department of work experience in practice,the writer discusses the administrative law enforcement organs and public security organs,people’s procuratorates such as the reduced cohesion subject in the practice of the status quo,think to produce fake and shoddy goods,infringement of intellectual property crime,crime to endanger the safety of the food and drug crime,destroy the ecological environment,serious economic crimes,is always the key point of the interface flow method,and the administrative law enforcement authority to the regulation of alleged crimes "the spirit of the first.Crimes endangering food and drug safety and destroying the ecological environment are the most important in recent years.This paper discusses the problems existing in practice,and considers that the main problems are the lack of initiative of administrative law enforcement organs and public security organs to transfer and receive suspected criminal cases,and the lack of efficient and powerful means of supervision by the people’s procuratorates.This paper introduces the process of constructing the information sharing platform of administrative law enforcement and criminal justice in all parts of the country under the leadership of the state council and the promotion of the people’s procuratorate.Based on the author’s experience in the operation of the information sharing platform in the practical department,the author believes that the status of this platform has not reached the original intention of the state council and the people’s procuratorate in advocating the establishment of this platform.The conclusion is that should be in the form of law provisions of the reduced cohesion work mechanism,fully and concretely given legal supervision of administrative law enforcement organs of the people’s procuratorates,straighten out administrative cases,the mechanism of evidence to criminal evidence should make full use of the progress of information technology at the same time,with reference to the results of the procuratorial organs shall be responsible for the business application system experience,a stable and efficient reduced cohesion information sharing platform of national unity,to break the current problem of interface reduced gradually in stagnation.