The Study On The Mechanism Of Food Safety On Administrative Law Enforcement And Criminal Justice

When the person's administrative illegal act reaches a certain degree of social harm and violates the criminal law, the change of the administrative illegal act to the administrative crime is appeared. Therefore, the administrative crime links the administrative illegality with the criminal illegality, as well as the administrative law and the criminal law, which makes the relation of these two factors more and more closely. However, if the administrative illegal cases achieve the standard of crime, it should be transferred from the administrative law enforcement organs to the judicial organs. To be based on this,the connection of the administrative law enforcement and criminal justice become possible.The research on the system of the execution of punishment in our country has gone through three stages: the preliminary study of the problem, the establishment and development of the system and the promotion of the system. The connection between the administrative law enforcement and the criminal justice originated from the correct definition of the relationship between administrative penalties and criminal penalties which proposed by Professor Chen Xingliang in 1992, and in April of 2001 the "on the rectification and regulation of the market economic order formally proposed the execution convergence mechanism. And then to 2014, "the CPC Central Committee on promoting a number of major issues of the rule of law," clearly put forward the direction of perfecting the mechanism of convergence and standards.More than 20 years, a series of normative documents and the issue of a number of judicial cases reflected the attention of the national leaders. On the contrary, a lot of theoretical research and empirical analysis were done by the academics and practitioners, which demonstrated the coaching mechanism of the existing problems are not effectively resolved in the actual operation. In contrast, the execution of convergence system of China also have many problems, such as ,it is necessary to deepen the relevant theoretical problems in our country, the contradiction between the legislature and the main body is unknown, the operability is not strong. And the procedures of the system lacks of maneuverability.The department of administrative law enforcement in China involves many departments in many fields, such as food, environment, health care, taxation, financial securities and so on. So it is a big problem for me to make a deep study on every field,this paper only choose one of them to do in-depth research, wishing to make a little contribution to this issue. And the degree of food safety in a country is closely related to the credibility of the local government as well as the economic development and social stability. Besides it also directly determines and reflects the national standard of living,which becomes the material basis for the survival of mankind. However,melamine, clenbuterol, tonyred, drainage oil tainted steamed buns and so on repeatedly stimulate the public's nerves. Although the attention on food safety have grown more intensive since the 18th CPC national Congress, especially the food safety law which was known as the most stick law was formally implemented in China in October 2015. But we still have to face the complex and severe food safety situation recently. In January 2017, General Secretary Xi stressed that food safety work should adhere to the most stringent standards and regulation, the most severe punishment, the most serious accountability. In current situation in our country, I think we must put the first level of administration of justice on food safety, which reach before the administrative supplement. And realization of "severe punishment"of the premise must be seamless administrative law enforcement and criminal justice.The existing outstanding problem is that the transfer standard is designed by the executive authorities, transfer the standard administrative, transfer policy opaque,leading to the transfer of administrative preferences. It can even be said that law enforcement agencies determine the applicability of justice in a certain extent, which makes the principle of legality emptied. This paper begins with the theoretical analysis of the connection between the administrative law enforcement and the criminal justice, by the theory of jurisdiction of state function, prohibit double risk and limited criminal priority and other theories to standardize the connection, to establish the legislative and theoretical basis of execution connection mechanism, and to analyze the existing problems and difficulties in the field of food safety in the light of the existing laws and regulations; take the governance strategy of the judicial-led as the prerequisite, while take the "rule of law" as the guide and clarify the function of the multi-center in food safety governance, to build the procedural norms of the connection between the administrative law enforcement and the criminal justice in the field of food safety, which should be consistency with China's national conditions .