On The Link Between Administrative Penalty And Criminal Prosecution In Economic Crime

In order to solve the problem of meting out administrative penalties instead of prosecuting, the link mechanism between the different functions of administrative enforcement of law and criminal justice is promoted by central departments such as State Council and Supreme People's Procuratorate and so on. In the practice of implementing the link mechanism and arrangement of central departments, the people's procutatorates at various levels in shanghai have already performed experiments such as information-share-flat roof, case-conference, progress has been made recently. However, problems such as meting out administrative penalties instead of prosecuting have not been solved. In this thesis, study was based on the link between two functions of enforcement of law and criminal justice in economic criminal investigation process so as to find out the suitable resolution.Apart from introduction and conclusion, this thesis consists of five chapters as set forth follow:Chapter One, introduce the confusion between the two functions of the administrative enforcement of law and criminal investigation in economic crime cases. Analyze the problems caused by this phenomena and the necessity of the link between administrative enforcement of law and criminal investigation.Chapter Two, explain the reasons why obstructions exist in the administrative enforcement of law and criminal justice in practice. It consists of four parts. Firstly, analyze the problems of ambiguity in legislation in the process of removal of cases. Secondly, analyze the subjective reasons why dereliction of duty occurs in administrative staff. Thirdly, introduce the fact that administrative staff is limited in criminal investigation experience, analyze its influence. Finally, analyze the obstruction in evidence transformation mechanism.Chapter Three, introduce the supervisory system of the administrative penalty process. Firstly, analyze the function of interior supervisory system such as administrative reconsideration and administrative supervision and their disadvantages. Secondly, analyze current situation of procuratorate supervisory methods and its disadvantage.Chapter Four, analyze basic theories of the link mechanism in economic crime cases. Firstly, analyze the theory of supervisory function of procuratorate. Secondly, analyze the theory of the subject of administrative function and criminal investigation function. Thirdly, analyze the evidence transformation mechanism theory.Chapter Five, resolution to problem above is given. Firstly, legislation improvement in the process of evoking a case should be paid attention to. Especially the evidence transformation mechanism should be emphasized. Secondly, supervisory of administrative activities from procuratorate is analyzed. Measures such as discovery mechanism, review mechanism and dealing mechanism were promoted. Thirdly, cooperation between procuratorate and administrative staff was analyzed. Information-share-flat roof, contact mechanism and liaison man mechanism were promoted. Finally, other solutions were mentioned briefly.