Research On The Linkage Between Administrative Punishment And Criminal Punishment Procedures

At present,the work of execution connection continues to advance deeply,and the "Administrative Punishment Law" adds the provisions of "reverse connection" on the basis of the original execution connection.The revision of many laws and regulations and the promulgation of policy documents show that China attaches great importance to the connection of execution.However,there are still many principle provisions in the current laws and regulations,but few practical provisions.Even though there seem to be relatively complete provisions on the transfer process,there are constant problems in the specific operation,resulting in the existing provisions on the execution of the cohesion procedure are false,and the specific operation in practice is not unified.Therefore,through sorting out the procedural problems in the two-way connection between administrative punishment and penalty,we should focus on solving the difficult problems,improve the two-way transfer efficiency of cases,and smooth the connection mechanism of execution,so as to avoid substituting punishment for punishment and punishment for punishment.In this paper,the problems existing in the connection of two-way programs are sorted out by means of multidisciplinary research.In the first part of the article,the basic theoretical issues of the connection between administrative punishment and criminal punishment are firstly combed out,including the theory of legal liability concurring and the theory of state power balance,and the value balance between administrative law and criminal law in fairness and efficiency to provide theoretical basis for the connection between administrative punishment and criminal punishment.Secondly,it analyzes and reflects on the principle of "no more punishment for one thing" and "criminal priority" in the connection of execution,and both of them should be applied with limits.In the second part,first of all,the situation of the administrative organ transferring the case to the criminal judicial organ is analyzed,so as to conclude that in the case transferring the relevant provisions of "timeliness" is insufficient,the transfer steps are chaotic and the administrative organ after the transfer of the law enforcement status is unknown;Secondly,in the transformation of administrative evidence to criminal evidence,there are some problems such as unknown types of transformable evidence and false exclusion rules for illegal evidence.Finally,analyzes and lists the present situation and problems of the transfer of property involved in the case.In the third part,by enumerating the status quo of the connection of penalty-administrative penalty procedure and three kinds of situations,it is concluded that there are insufficient reverse connection mechanism and insufficient legal provisions in case transfer and evidence transformation respectively.In the fourth part,countermeasures are proposed for the practical operational problems and the fuzzy aspects of legal provisions in the above mentioned two-way program connection.In addition,through the case information sharing platform,give play to the role of procuratorial organs in the two-way connection and strengthen the responsibility investigation in the two-way connection to improve the guarantee mechanism of the two-way connection of administrative punishment and penalty procedures.