On The Perfection Of Connection Between Administrative Law Enforcement And Criminal Justice In China

With the rise of the concept of the "welfare state",citizens’ demands for the protection of natural resources,good ecological environment as well as safe food and medicine have become increasingly prominent.For better protection of the public interest,China established the administrative public interest litigation system in 2017.The above-mentioned cases involving a wide range of public interests are typical administrative criminal cases,all of which involve the connection between administrative law enforcement and criminal justice.Theorists have made systematic research on the principle of priority of criminal punishment and the principle of non bis in idem involved in the connection between administrative law enforcement and criminal justice.However,their research direction focuses on the bearing of administrative liability and criminal liability,which deviates from the purposes of restoring the legal order and maintaining social common interests initially designed for the system of connection.As a result,relevant research results fail to be translated into guidance for administrative organs in practice.Based on the purpose of establishing administrative public interest litigation and connection system and based on the author’s working experience across natural resources administration department and public security agency,this article explores the weaknesses and deficiencies of the current connection system in protecting the public interest by analyzing the practice of public interest litigation in the field of natural resources.In this article,we try to propose a procedural approach of"administrative priority,synchronous coordination",strengthening the regulation and guidance of law enforcement conducted by administrative authorities,building a procuratorate-led supervision mechanism for criminal justice execution and other proposals,so as to achieve more efficient administrative effectiveness and better protection of the public interest.The article mainly adopts the research methods of statistical analysis,empirical analysis and case study,which are divided into six parts:The introduction is mainly to recommend the background and significance of the research as well as comments on the existing research results.In the first part,we conduct an empirical analysis on the public interest litigation in the field of natural resources filed by the procuratorial organ,analyze the causes of the unreasonable structure of public interest litigation,and point out the limitations of the procuratorial organ in supervising the lawful administration of administrative authorities and safeguarding the public interest through the administrative public interest litigation system,and point out the need to regulate and guide the law enforcement conducted by administrative authorities.The second part mainly analyzes the status quo of the principle of non bis in idem and the principle of criminal priority involved in the connection between administrative law enforcement and criminal justice in China as well as the roles that each party should play in the process of connection.The third part mainly analyzes the problems existing in the operation of the connection system and the causes of such problems from the perspectives of the absence of the value of safeguarding the public interest in the system,the impact of the principle of criminal priority,administrative authorities’ wrong application of the principle of non bis in idem,and the poor operation of the supervision mechanism for the connection between administrative law enforcement and criminal justice.In view of the problems found in the research,Part Ⅳ mainly proposes to establish the procedural startup mode of administrative priority and simultaneous coordination,build a procuratorate-led supervision mechanism,and through strengthening the clear,detailed,and standardized guidance for the law enforcement of administrative authorities,make full use of the initiative and efficiency of administrative authorities while regulating the expanding administrative rights to achieve the system-designed purpose of timely restoring the legal order and safeguarding the social public interests.The conclusion part summarizes and reviews the whole article,and points out the inadvisability to take the priority.