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Talk About The Our Country Administrative Law Enforcement And Criminal Justice Cohesive Devices

Posted on:2013-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZouFull Text:PDF
GTID:2246330395969632Subject:Law
Abstract/Summary:PDF Full Text Request
NOW China’s current administrative law enforcement and criminal justice system of the framework has to be established, and in the process of establishing administrative law enforcement and criminal justice work bridging mechanism phasing perfect, it can be said that along with the growing number of social life, the process of economic criminal behavior as well as its hidden strengthening, which makes investigated the destruction of the order of the market economy, the behavior of the state administrative law enforcement agencies and criminal justice efforts need to continue to increase, These needs China’s administrative law enforcement agencies in the process of handling cases, in particular, continue to work in the process of transfer of criminal cases standardized, structured, and the rule of law.China is an executive power, particularly developed countries, and along with the increasingly cumbersome social life, the development trend of the world is also the continuous enlargement of executive power, executive power plays an increasingly important role in the social life of the law applicable process many criminal cases are in the process of law enforcement by administrative organs to be seized and found is worth noting that, due to the present, China is stepping up its drive for socialist modernization, which is very important to persist in taking economic construction as the central task, so is very important to maintain the order of the socialist market economy, the administrative law enforcement work in which it appears more difficult; therefore found in the administrative enforcement process in criminal cases, especially for social order, economic order is very serious harm criminal cases, you need to executive authorities to establish a standardized administrative transfer procedures of law enforcement in criminal cases, to protect the convergence between administrative law enforcement and criminal justice and norms. It is worthy of our attention, there are out of touch with issues of administrative law enforcement and criminal justice in the current law enforcement practice. It is due to the presence of this undesirable phenomenon China in the dual field of administrative law enforcement and criminal justice are there are there are significant shortcomings and deficiencies in the fight against crime and the maintenance of the common development of the socialist market economic order, which Part of the reason is the administrative authorities in the enforcement process, and only pay attention to efficiency while ignoring the transfer mechanism for serious criminal cases, lead to the many vicious criminals deep not be combated in a timely manner, so that to avoid punishment afterwards continue to undermine the social order and economic order. Therefore, the study as a method of application of the normal form of the administrative law enforcement and judicial, in particular the relationship between administrative law enforcement and criminal justice, will undoubtedly have important theoretical and practical value.In this paper, through the use of comparative research, a variety of research methods of historical research, as well as literature, emphasis on the important role of the convergence of administrative law enforcement and criminal justice for building a socialist country under the rule of law in China. The first part, the Basic situation of the administrative law enforcement and criminal justice, On the basis of both meaning made about defined, survey on the current status quo of administrative law enforcement and criminal justice administrative law enforcement and criminal justice in the legal system constructed to carry out the current situation to the status quo as well as the administrative law enforcement and criminal justice, Discovery of administrative law enforcement and criminal law convergence exists legal order low, principles, interoperability is not strong, the law enforcement behavior "four more four little " frequent。then sort out the administrative law enforcement and criminal justice should correctly handle several relations, administrative law enforcement and criminal justice, the relationship between the executive power and judicial power, the relationship of administrative penalties and criminal penalties, and administrative law enforcement and criminal justice in the process of administrative law enforcement and criminal justice articulation and Temper justice with Mercy Criminal policy relationship. Secondly obstacles that affect the administrative law enforcement and criminal justice, including legislative defects, the current pract ice is difficult to break through the administrative level with the limitations and poor access to information and hinder the effective conduct of supervision and ineffective oversight within the executive and the judiciary and administrative law enforcement authorities, to find a solution to the road。Finally, author According to the hindering factors, how to improve the convergence of the administrative law enforcement and criminal justice, from three aspects proposed solution:to improve the legal system, legal and institutional guarantees for the establishment of the administrative Jaw enforcement and criminal justice; establish, and improve the administrative and law enforcement dovetail with the criminal justice system supervision mechanism; give full play to the functions and roles of the procuratorial organ as well as the convergence of administrative law enforcement and criminal justice procedures mechanisms.I believe that the present study of administrative law enforcement and criminal justice to promote social harmony, improve the state and the rule of law, combat crime, and respect for and protection of human rights and so has a very important significance.
Keywords/Search Tags:administrative law enforcement, criminal justice, Relationship, Linkage mechanism
PDF Full Text Request
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