Administrative Litigation And Criminal Litigation's Relationship Research

As two different kinds of judicial remedies, the purpose and mission of administrative and criminal proceedings are different. Administrative litigation resolves the review of the legality of administrative actions, criminal litigation solving is a criminal liability of the criminal suspect, the distinction between them is obvious. So, under normal circumstances, administrative and criminal proceedings are two mutually independent legal proceedings, no inevitable relation between them. However, in judicial practices, on the one hand, administrative litigation and criminal litigation are in common in the aspect of legal action function, legal action main body structure, legal action principle and so on, on the other hand, they also have a variety of conflict for some theoretical and practical reasons. If handled improperly, administrative and criminal proceedings would contradict each other, be tired out disputing and ceaseless dispute, and be harmful to protect the legitimate rights and interests of the parties, even result the contradiction between the courts being accused. At present, the research on this problem is less comparatively in academic realm, the relationship between administrative and criminal proceedings have not formed an integral system. Hence, this article attempts to carry out an exploration on the relation between the administrative and criminal proceedings, in order to arouse the recognition of academic realm.This article divides into four parts for comment this issue:The first part is about the basic theory of administrative and criminal proceedings in our country. First it induced the basic concept and character of administrative litigation and criminal litigation, then commented the theory foundation of them, fully affirmed them have played a key role in the aspects of preventing the dispute, resolving contradictions, defending the people legitimate rights and interests, maintaining society stability and so on.The second part introduces the relationship of administrative and criminal proceedings in abroad country. It mainly introduces the regulation of law regarding relations, differences and conflicts about this problems in three countries (France, England, America), and looks forward to help us to study this problem to some extent.The third part is about the relation actualities of administrative and criminal proceedings in our country. Introducing the relations and differences of administrative litigation and criminal litigation in our country currently in the aspects of legal action function, legal action main body structure, legal action principle, plaintiff qualification, burden of proof and so on, makes the people fully understand the administrative and the criminal proceedings in our country.The forth part is about the relation's analysis and correction of administrative litigation and criminal litigation in our country. In this part, the author first particularized all kinds of conflict phenomenon existing between our country administrative proceedings and the criminal litigation, in order to make people have an overall mastery of the conflict. Next, it introduced the disadvantage of confliction and the cause of conflict. At last, on the base of learning from the overseas advanced experience, it proposed concrete methods of solving the conflict between our country administrative proceedings and the criminal litigation.In brief, through elaborating on the relations between the administrative proceedings and the criminal prosecution, this article applies itself to perfect the theory system of the relations between them, impels to the development and the progress of litigation law institution in our country.