On The Coordination And Convergence Of The Administrative Penalty And The Penalty

From the view of theoretics, it should be established a coordinate system between administrative penalty and criminal punishment. Under current PRC practice, however, there are still some uncoordinated and un-successional tones between administrative penalty and criminal punishment, which is mainly provided by exists of large extent of reeducation through labor and "substitute administrative penalty for criminal punishment". Since the academe has various standpoints to solve such problem, this paper intends to find out the way to solve such problem through analyzing the reason why such problem exists, and therefore make administrative penalty and criminal punishment coordinated and successional, and promote integrity and development of the whole legal system.This paper organizes as follows: the preamble of the paper introduces exist of administrative penalty and criminal punishment; the first chapter of the paper starts from the relationship between administrative penalty and criminal punishment, through analysis of theories regarding the relationship between administrative penalty and criminal punishment, reaches the conclusion that administrative penalty and criminal punishment should be coordinated and successional; the second chapter derives the current PRC problem that large extent of reeducation through labor and "substitute administrative penalty for criminal punishment" from the first chapter, then emphasizes on analysis of the reason that cause such above problem, analyzing problem existing in the reeducation through labor from aspects of historic view and sense of National Priority Doctrine, and analyzing reason for the substitute administrative penalty for criminal punishment from aspects of characters of power, problems of PRC legislation, existing of departmental benefits and legal supervision; the third chapter solve the uncoordinated problem caused by large extent of reeducation through labor, the author analyzes three current academic views that are: criminal reeducation through labor, judicial reeducation through labor and administrative reeducation through labor, and provides her view that further integrity of system of reeducation through labor based on the administrative reeducation through labor; the forth chapter of the paper solves the problem ofsubstitute fines for criminal punishment, through establishment of legislation and system to promote the succession of between administrative penalty and criminal punishment.