Research On The Relationship Between Criminal And Administrative Identification

According to Administrative Criminal Law theory, the administrative crimes always have double illegalities which include both administrative illegality and criminal law violation. First, the administrative crimes violate administrative laws and regulations; furthermore, the behaviors do great harm to the society and personal safety, thus they violate the criminal law and have the nature of criminal transgression. Accordingly, if we can find the administrative criminal behaviors, two steps need to be proceeded: first, the recognition of administrative law illegality; and second, the finding of violation of criminal law. The two steps have relationships but still different. This article from the Criminal Identification and the relationship between the administrative identified the perspective, focus on exploring the relationship between the two following four questions:First, criminal identification and relationship between the administrative found the theoretical inquiry. The prosecuting of the administrative crimes in administrative and criminal procedures can be harmonious in theory. First, the recognition of administrative law violation is a form of administrative confirmation which is a semi-administrative conduct. It plays a complementary role in the finding of criminal law transgression. Because not until a behavior violate the administrative laws and regulations can it has the possibility to violate the criminal law and construct an administrative crime. So the finding of administrative law violation has no value of independent existence; Secondly, the criminal law has a nature of indemnificatory law. When imposing criminal penalties to administrative crimes, the criminal law is a regime to secure the administrative law to be observed. That is, when the behaviors have great perniciousness and gravity which beyond the jurisdiction of administrative laws, the criminal law need to regulate these behaviors and impose criminal liabilities and penalties; at last, the criminal law has a lot of provisions of blank facts about a crime. The provisions of blank facts about a crime are in accordance with the principle of legality. In the process of prosecuting of the administrative crimes, behaviors in the provisions of blank facts about a crime need to be judged by administrative and judicial agencies. The finding of both administrative and criminal law violation is the prerequisite to determine whether the behaviors constitute crimes. Anyway, in this process, the harmony of administrative and criminal identification is an inevitable requirement.Second, criminal identification and status of the relationship between the administrative finds inquiry. Simultaneously, in our country's current law system, there is complete basis of legal system between criminal identification and administrative identification. Constitution affirms the right of judicial supervision to administrative power. The criminal law regulates the coordinated legal basis between criminal identification and administrative identification. There are also rules of coordination between criminal identification and administrative identification, which facilitate the harmonious relations between criminal identification and administrative identification.However, in the judicial practice, there are complex relations in harmony between criminal identification and administrative identification. The disharmony between criminal identification and administrative identification enbodies the discoordination of identification in both content and process, and even contradiction as follows: firstly, the confusion between Criminal identification and administration identification; secondly, the conflict between Criminal identification and administration identification; thirdly, administrative procedures for identification and criminal non-smooth convergence identified.Third, criminal identification and relationship between the administrative identified the hazards and the Causes of dislocation. In the judical practice, it's harmful of the disharmony between Criminal identification and administration identification ,which will lead to the phenonmen of'the replacement of criminal penalty with administrative penalty', such as : the administrative authority's failure to abide by the law and not strictly enforcement. Subject to the affection of local protectionism , departmental protectionism and even interest-driven ,they are not willing to transfer the case and miss the favorable opportunity of investigation , putting the case on record and transfer. They tends to ignore the interrogate of criminal, the collection of evidence and the transfer of the case , which makes the case unable to enter the judicial process because of insufficient evidence.The disharmony relationship between administrative identification and criminal identification is caused by many elements. Existing law is unclear, too broad, but also at the level of law enforcement. Administrative identification and criminal identification are closed to each other, lacking of communication and law enforcement staff in their own reasons.Fourth, criminal identification and improvement of relations between the administrative finds inquiry. At the moment, poor supervision while the prosecution is one of the important reasons behind the problem. At present, the phenomenon of "substituting fines for punishment", the administrative authorities'usual practice of criminal cases, is very serious. The grim reality requires an effective way to improve the relationship between administrative identification and criminal identification. Therefore the author from entity to program, from law enforcement to supervision, two vertical angles and four respects, attempts to design the mechanism which will improve the relationship between administrative identification and criminal identification, after establishing the independence and authoritative of judicial power. Specifically, including the following aspects, the first step is to establish the independence and authority of the criminal identification to improve the relationship between criminal identification and administrative identification. The second one is establishing the principle of criminal priority to improve the relationship between criminal identification and administrative identification. Third, improve the supervision of administration to improve the relationship between criminal identification and administrative identification. Forth, improve the convergence of identification process to improve the relationship between criminal identification and administrative identification.