Thought On The Improvement Of The Connective System Of Administrative Enforcement Of Law With Criminal Enforcement Of Law

Because the administrative organ for law enforcement does not hand in the case wrapping up in criminal activities to judicial office legally, it leads to substitute fines for criminal punishment, fail to pursue the criminal cause and greatly disrupt socialist market-oriented economic order, and influence the socialist legislative authority and social stability. State council and Supreme People's Procuratorate make the rules one after another. Local procuratorial organ and administrative enforcement organ reinforce connection in work. It has positive meaning. But because of the influence of many factors, the connective system of administrative enforcement of law with criminal enforcement of law did not take shape indeed. The purpose of this paper lies in that it examines closely the connective question of the administrative enforcement of law with criminal enforcement of law. By means of the systematically analyzing the connective current situation and cause, it then puts forward some basic views of solving questions. This paper is divided into three chapters, as state briefly below: Chapterâ… is about the current situation of the connective system of administrative enforcement of law with criminal enforcement of law. Because there are a great deal of problems concerning that the administrative organ for law enforcement does not hand in the case wrapping up in criminal activities, our country has done great work on the connection of administrative enforcement of law with criminal enforcement of law and underwent instructive exploration. It mainly exemplifies in four aspects. As regard to the regulation of the connective system of administrative enforcement of law with criminal enforcement of law, criminal law, administrative regulations, administrative rules, and legislative documents in our country all present the regulation to some extent. "The criminal law in the People's Republic of China", by means of defining "committing a crime"and confirming the charge of which-resorting to cheating for selfish purpose, but not to hand in the case wrapping up in criminal activities, delimits the adjusting scope of the right of administrative enforcement of law and the right of criminal enforcement of law, confirms limits of the behavior of administrative execution. For the crime which should be handed to the judicial office and ascertain criminal responsibility but not handed according to the regulation, they will ascertain criminal responsibility of parties. In the administrative law, it stipulates the connective clause that "when illegal act constitutes a crime, they should ascertain criminal responsibility."In 2001, State council and Supreme People's Procuratorate make one after another the rules "the regulation of the administrative organ for law enforcement handing the case wrapping up in criminal activities", "the regulation of People's Procuratorate dealing with the matter that administrative organ for law enforcement handing the case wrapping up in criminal activities". These two important administrative rules and legislative documents have become the guidance note to the development of the connective work on current administrative enforcement of law with criminal enforcement of law. It clearly regulates the conditions of handing the case, basic procedure, working timing, violating responsibility in the note, requires forcefully the administrative organ for law enforcement to hand the case wrapping up in criminal activities legally, clearly regulates that when the administrative organ for law enforcement to hand the case wrapping up in criminal activities, it should subject to the supervision of People's Procuratorate. On the practical level of the connective system of administrative enforcement of law with criminal enforcement of law, it mainly exemplifies in the condition that Supreme People's Procuratorate, State council, and local procuratorial organ, and the administrative organ for law enforcement sign the documents in order to facilitate the improvement of the connective system of administrative enforcement of law with criminal enforcement of law. It mainly manifests in that State council and Supreme People's Procuratorate countersigned "on view of enhancing working relationship of the administrative organ for law enforcement and public security, People's Procuratorate"and define further establishing shared working system, intensifying the system of handing case and the follow-up system of placing a case on file for investigation and prosecution. On the level of question, there are mainly two questions. First is that it is still obvious that the administrative organ for law enforcement does not hand in the case wrapping up in criminal activities to judicial office according to the regulation. Second, the current legislation is lack of the substantial regulation about the connective system. The fourth level of current situation expounds the serious social harmfulnessbecause of the imperfection of the connective system of administrative enforcement of law with criminal enforcement of law. It manifests in that large amount of the criminal case has become black number, which greatly disrupt socialist market-oriented economic order, and influence the socialist legislative authority, government officers'honesty and social stability, restrict severely the development of the productive forces. Chapterâ…¡is about the imperfect causes of the connective system of administrative enforcement of law with criminal enforcement of law. Four causes are divided into four parts. The first part is about the unclear questions of relationship between administrative enforcement of law and criminal enforcement of law. Some members in administrative organ for law enforcement and law enforcement official consider that since administrative enforcement of law and criminal enforcement of law both punish those criminal behaviors according to law, it is enough to punish by administrative punishing means and there is no necessity to handle the case wrapping up in criminal activities to judicial office. The second part is about the administrative factors. The administrative power has the self-growing feature which leads to the abuse of the administrative power, act counter to the purposes and wishes authorized by the legislation. The narrow departmental interest blocks to hand the case. The administrative organ for law enforcement considers that once the case punished by themselves hand to the legislative organ, it means that they give part of domination right over the violators and has the effect on the interest of the administrative organ for law enforcement. Members of administrative enforcement of law have the fear of difficulty and the qualities of members of administrative enforcement of law are two aspects influencing the handing case. The third part is about the fact that the force of the supervision of the procuratorial organ over administrative enforcement of law is not strong enough. The system is limited and cannot be effectively supervised. The procuratorial organ depends on the local administrative organ and the supervision is unable to be done as they would have liked to do. The channels of the right to know are blocked and cannot effectively supervise. According to the regulation in law, the procuratorial organ has no institutionalized right to know, and it is hard to know the condition whether the administrative punish is against the law or not from the point of view of the administrative vs. human and social supervision. Thefourth part is about the question of limitation of the current regulation which mainly exemplifies in the absence of compulsory, binding force and uniformity. Chapterâ…¢is about the thought on the effective connection of the administrative enforcement of law with criminal enforcement of law. It is divided into five parts, stating specifically the effective connective means of the administrative enforcement of law with criminal enforcement of law. The first part is about the right of supervision of the procuratorial organ over the administrative punishing case. This right can have the effective force of the procuratorial organ over the administrative activities for law enforcement. It mainly includes the right to investigate case, the right to recommend disciplinary punishment and the right to inform case handing. The second part is about the unified evidence standard. The third part is about establishing the single-level leadership of procuratorial organ, changing the current system of "double-level leadership". The fourth part is about formulating the work system of strong operationality. The content includes: the system of putting on record, hard right, making the responsibility clearly, evidence preservation, the system of the united censorship of case, the system of the shared information and the system of information distribution-all together seven items. The fifth part is about improving the work system concerning the inner administrative organ for law enforcement. It mainly includes five aspects: first, improving the system of detecting the administrative violating case; second, regulating the examining and evaluating work system; third, establishing the sound supervising and controlling responding system cross-industry; fourth, modifying the division of jurisdiction of the procuratorial organ's inner case; fifth, rigorously enforcing two lines of revenue and expenditure.