Research On The Connection Of Execution Of Fire Related Criminal Cases

In 2019,the promulgation of the Measures for the Connection of Work Safety Administrative Law Enforcement and Criminal Justice provided its own corresponding legal and regulatory guarantee for the handling of criminal cases involving fire and criminal cases.However,when it comes to illegal and criminal cases involving fire fighting illegal and criminal acts,if the actor violates administrative legal norms and constitutes a crime at the same time,whether the criminal and administrative responsibilities should be investigated at the same time,and whether the definition of "reprimand" in the principle of no longer punishment for one thing still has some ambiguity.At the same time,when discussing fire fighting criminal cases from the perspective of legal theory and fire fighting practice,as well as from the legislative,administrative and judicial dimensions,The connection of execution is of great significance.Based on the meaning and theoretical root of the execution connection,according to the characteristics of the fire related criminal cases and the current situation of the execution connection in the handling of fire related criminal cases in China,this paper will put forward the problems in the process of the execution connection in the fire related criminal cases,analyze the reasons for these problems,and explore the ways to improve the execution connection in the fire related criminal cases.The article is divided into five parts.The first chapter is the concept definition and theoretical basis.On the one hand,in order to clearly define the connotation of administrative law enforcement and criminal justice as well as the concept of connection,on the other hand,to sort out the theoretical basis of this article,clarify the scope of fire related criminal cases,and lay the foundation for the later study;The second chapter analyzes the current situation of the execution of fire related criminal cases.The main research direction starts from the legal basis and operation mechanism of the execution connection of fire criminal cases,and on the basis of defining the fire criminal cases,studies the current relevant legal provisions,from the general provisions of the execution connection to the detailed legal provisions in the field of fire criminal cases,analyzes the laws and the basis of their application,and initially displays its current situation.Then it analyzes the legal procedures on its implementation,clarifies the relevant subjects and operating procedures,and lays the foundation for the analysis of its difficulties in the follow-up study;The third chapter is the analysis of the difficulties and reasons of the connection between the execution of fire and criminal cases.One is to analyze its practical difficulties,including the problems of "no transfer of cases" "punishment instead of punishment",the problems of supervision difficulties,the problems of chaotic evidence transfer,the disputes of the protection of the places involved in the case,materials,property and information transfer,and try to explore the general rules from specific cases;The second is to analyze the reasons based on the current situation of the above difficulties,including the imperfect laws and regulations on the connection of fire and criminal cases,the unreasonable design of the connection procedure,the lack of supervision and inspection,and the information asymmetry between different connection departments;The fourth chapter is about the countermeasures to improve the execution connection of fire related criminal cases.We should improve the legislation,formulate and improve the laws and regulations on the connection between the execution of fire related criminal cases,clarify the application of punishment means,improve operability,improve and optimize the procedure,refine the case transfer procedure,and clarify the responsibilities of the connecting subjects in the transfer procedure;We should improve the linkage supervision mechanism,improve the coercive force of procuratorial supervision,change the post-supervision into process supervision,and expand multiple supervision channels;We will improve the information sharing mechanism,including the establishment and improvement of the case transfer information sharing platform,the establishment of the communication and coordination mechanism of all departments,with a view to promoting fairness and justice.