The Convergence Between Administrative Punishment And Criminal Penalty

Administrative penalty and criminal punishment of illegal administrativeresponsibility and criminal responsibility respectively take way, both exist on adjustingrange overlap provides a possibility of both cohesion, and in mode on the differencebetween the two makes them applicable to complement each other, at the same time whichprovide the necessity for both cohesion，in China, there are still lack of cohesion betweenthe two, this deficiency is mainly embodied in the legislation and the judicial two aspects.Cohesion on the legislation defects exist in the following two points: first, because China’scurrent administrative criminal law legislation style, makes its contents on the existingdefects, leading to difficulties as well. Second, administrative punishment and penalty inthe penalty configuration on a lack of coordination, lead to the two there is a mismatch inthe penalty cohesion and unreasonable. Defects in judicial cohesion is mainly manifestedin the following two aspects: first, on the administrative crime punishment, administrativepunishment and penalty applicable rule is not clear, lead to fuzzy in the judicial practice.Second, the administrative law enforcement in the administrative crime exists on thetransfer of the lack of enthusiasm, our country law has given the inspection organs tosupervise, but interoperability is not strong, the effect is not ideal.To strengthenadministrative penalty and punishment of degree, mainly from the legislation and thejudicial two aspects to consider. First of all, in the legislative level, should from thefollowing two aspects: the first improved current administrative criminal law legislationstyle, take "independence of scattered" legislative model, the administrative crime andstatutory sentence on charges of directly stipulated in the relevant provisions in theadministrative law. Second, appropriate to reduce statutory sentences for administrativecrimes should be set up and the duration of the system Settings, make the administrativepunishment and penalty in the penalty on the configuration of the cohesion tend to bemore reasonable. Second, in the judicial level, can be improved from two aspects: first,clear and perfect the administrative crime punishment, administrative punishment andpenalty applicable rules, reduce the randomness when applicable. Second, strengthen thesupervision of administrative crime transferred, the strengthening of the supervisionshould not only reflected in the procuratorial organ in the administrative law enforcementsurveillance, but also reflected in people’s development of administrative law enforcementsupervision channels.