The Connected Mechanism Research Of The Administrative Law Enforcement And The Criminal Justice

The connected mechanism research of the administrative law enforcement and the criminal justice is an important work system, which is concerned by the judicial organ, the public security organ and the related administrations. The purpose of the connected mechanism is to prevent making a administrate punishment as a criminal punishment and ignoring the criminal punishment. The mechanism will let the administrative law enforcement and the criminal justice join their force. In the current practice of the administrative law enforcement, the connected mechanism can not meet the practice's need and development. More and more criminal cases are discovered in the process of administrative law enforcement. These criminal cases are ignored or substituted by the administrate punishment, which should been transferred to the judicial organ. This kind of phenomenon is harmful to the development of the administrative law enforcement and the criminal judicature. Moreover, it is harmful to give a hard blow to criminal cases. And it is also no-good to our country's law construction. The connected mechanism has established initially in our country. It is playing an important role in promoting the administrative law enforcement, the legality administration and the economic crimes cases. For example, the information sharing mechanism and the cooperation mechanism are maturely day by day. But there are also many problems. In order to solve these problems in the reality and the criminal cases in the administrate punishment, this paper will use the related theory in administrative law to make the connected mechanism of the administrative law enforcement and the criminal justice perfect, and let the administrate punishment into the criminal cases smoothly.The paper analysis the connected mechanism of the administrative law enforcement and the criminal justice in four parts:In the first part, some elementary theories are analyzed, like concept, characteristic and so on. In the second part, the paper analysis the theory base of the mechanism and the characteristic, the theories of the separation of powers, the produce background and the legal attribute of the administrative criminal law. And the third part discusses the present situation of the connected mechanism included the rules, the problems and the reasons. At the last, the paper gives some advices to make the connected mechanism perfect from the mechanism of transference, the mechanism of the evidence connected and so on.