On The Perfection Of The Connection System Between Administrative Law Enforcement And Criminal Judicature

In the process of administrative law enforcement, the case of “ cases without transferring” and “punishment for penalty” is the most prominent and difficult-to-solve problem in the convergence of administrative law enforcement and the criminal justice system. The lack of convergence leads to a fact that a lot of cases of economic crime didn’t enter the judicial process, which makes certain criminals escape from criminal investigation, severely undermines the justice of law enforcement and the authority of judicial system as well as covers lots of cases of dereliction of duty. The decision on some major issues concerning comprehensively deepening reforms, published on the third plenary session of the Eighteenth Central Committee of the Communist Party of China, requires us to further improve the convergence mechanism between administrative law enforcement and the criminal justice system, which indicates that the study on the problem of administrative law enforcement and the criminal justice work is of theoretical and practical importance.On the basis of a study on the value of the convergence of administrative law enforcement and the criminal justice system, the present thesis analyzed the theoretical foundation and further development trend of the system. The establishment of the convergence mechanism between administrative law enforcement and the criminal justice system is beneficial for the supervision of lawful administration in the administrative system, the prevention of misuse of administrative power, thus to ensure the implementation of the basic principle of the coincidence of power and responsibility in the administrative system.Secondly, through an analysis of the problems in the convergence of administrative law enforcement and the criminal justice system in our country, the researcher found that although the basic laws and rules of the convergence of administrative law enforcement and the criminal justice system have been built on the legislative level, yet there do exist certain factors that may have influences on it, such as the lack of scientific or perfect description on specific regulations, the inadequacy of law enforcement and the influence of the benefits of the administrative system.Finally, according to the above-mentioned problems, the thesis proposed some advice to implement the convergence of administrative law enforcement and the criminal justice system, which includes the specification and perfection of the convergence mechanism, the enhancement of the construction of the platform of information sharing and the improvement of relevant systems, thus to give some inspiration to the improvement of the convergence mechanism of administrative law enforcement and the criminal justice system.