A Discuss About How To Judge Administration And Criminal Investigation Action,the Advice Of Strengthen The Judicial Supervision To Them

Administration and criminal investigation in Public Security Bureau is two different juristic actions with different nature. In recent years, the disputes about the damage to the lawful rights and interests of citizen, legal person and other organization during the investigation have been increased all over the country. But in administrative proceedings, it is usually difficult to judge whether it is an administrative action or a criminal investigation, which finally leads to the disputes between court and public security organ, influences both investigation and administration. How to deal with the lawsuit about the violation of law in public security organ is the most knotty problem to the court during its practice of law. Making a clear distinguish between the two will have a special significance. This article mainly discussed the importance and necessity to distinguish administrative action and criminal investigation, and also the difference and relationship between the two. It starts from the difference in theory and the reason which makes it easy to confuse in practice, puts forward the principles and methods of making correct distinguish between the two and offers some suggestions about the future reform. The main content and opinion is illustrated as below: Because of the double functions of public security bureau, which is administration and criminal investigation, the coercive measures of administration and criminal investigation have some similarities on the surface. So the person that the coercive measure applies to is between the violation of the administration law and the criminal law, especially when public security organ deal with the same case or same event, they may possibly use both administrative and investigation measures at the same time. Another reason is that the judicial supervision mechanism is not perfect enough. And in our country the law control in the criminal investigation field now is less strong than in the administration field. Those all mentioned above are all the reasons that make it easy to confuse administrative action and criminal investigation.In order to solve the disputes between court and public security organ on the issue of whether the action being prosecuted is administrative action or criminal investigation during the administrative proceedings, enhance the court's judgement authority, ensure the smoothly going on of administration and criminal investigation, and standardize the enforcement of law, guide citizen to protect their lawful rights and interests, enhance the self-consciousness of the public security to accept the supervision of the court, we must have a standard which is scientific and easy to carry on to distinguish administrative action and criminal investigation.The theoretical difference between the administrative action and criminal investigation can be expressed as below: their nature is different. They make their decisions according to different law. They have different purpose. Their scope of application is different. They occur under different conditions. The functional organization to perform them is different. The close result and the organization to make this decision are different. And the procedure the two applies to is different. The legal formality they examine and the legal instrument they make are different. They have different legal result, which exert different result. Further more, in the same case or same event, when there is necessity to use both of them, their function and the time to use them are different.The standard to distinguish them can not be definitely and simplified. On one hand, court should stick to the principle that when doing administrative investigation, they should based on the fact and make judgement according to the law, to investigate the central point of public security organ's action, to investigate the main body of the implement of law, to investigate the whole procedure of the case, and also to investigate the legal instrument; on the other hand, when the action of the public security or...