Boundaries Of Law Enforcement, Administrative And Criminal

This article, has a clear understanding of the public security organ's administrative enforcement droit and criminal enforcement droit through elaborating the public security enforcement functions and its classifications; comprehend of widespread for the public security organ enforcement domain and communication for the administrative enforcement domain and the criminal enforcement domain by introducing the main domain of the administrative enforcement and the criminal enforcement of the public security enforcement makes us realize the convergence of the administrative droit and the criminal jurisdiction droit; through elaborating the administration illegal and the administrative crime in criminal judicature, the public administrative sanctions and the public criminal punishment, the administration law enforcement and the criminal judicature of border and convergence, and laid the foundation of the boundary for making a further understood of the public security law enforcement administration and the criminal. This article, make a capable discussing of bordering and connecting question for the administration and the criminal enforcement of the public security through elaborating the difference and the relation, easy confusing factor, discrimination significance and discrimination method of the public security concrete administrative action and the criminal detection behavior. This article maintained that the specific administrative acts and criminal law enforcement surveillance of public security are the two organs actions in the public security organ law enforcement. The distinction between these two types of behavior is relatively simple in theory, but in real life, due to various reasons causing this behavior both confused right to interfere with a criminal investigation led to the abuse of the public security organs in economic crimes, relative to the legitimate interests have not been effectively protected. Public security organs of the people's court will conduct a criminal investigation or misuse of a specific administrative act that trial, so criminals do not have access to the punishment they deserved. This article addresses how to distinguish a specific administrative act and the public security investigations, proposed own viewpoint, the principle "Take the fact as the basis; take the law as the criterion," is the key to judging the public security law enforcement attribute. If the public security organs according...