Convergence Mechanism Between Administrative Penalties And Criminal Penalties

The rule of law to provide escort role for economic construction. With the development and prosperity of China’s socialist market economy, various lame in the construction of rule of law began to appear, especially in the administrative punishment and the criminal punishment cohesive mechanism is particularly prominent, seriously affected the crackdown and the effect of undermining the order of socialist market economy crime. To solve these problems, the establishment of smooth and efficient administrative mechanism between punishment and criminal punishment, a rectifying and standardizing the market economic order, establish and improve the socialist market economic system in the meaning of the title.From a theoretical point of view, the core problem of the controversial relationship between circles on such as administrative illegal and administrative illegal boundaries, administrative penalties and criminal penalties applicable can double as well as their processing sequence and a series of related administrative violations of law and administrative law. These problems have also been reflected in the legislation and judicial practice, resulting in confusion. In legislation, although our country from the beginning of2001the work of rectifying and standardizing the market economic order, clearly put forward the concept of establishing the administrative punishment and the criminal punishment cohesion, but until today, still no specialized law to regulate them, but only scattered in some specific administrative regulations, or a specific law to some of the individual provisions. On the legislative defects lead to many problems in practice, such as according to statistics, in recent years, undermining the order of socialist market economy, obstructing the administration of public order, as well as in the field of intellectual property crime cases have constantly increased, and the administrative organ case also subsequently year after year growth, but transferred to judicial organs for criminal responsibility is obviously not the case finally, the transfer shall be investigated for criminal responsibility in case there is also less, the Department of information communication is not smooth, case cannot be transferred in time, the problem of coordination is not standardized, more serious is, the "punishment" the phenomenon, has become a persistent ailment. Therefore, to strengthen the relevant legislation, perfecting the administrative punishment and the criminal punishment of the cohesion mechanism to establish an information sharing mechanism, strengthen the case transfer, strengthen the case supervision, improve the punishing crime dynamics work, from the fundamental form on the efforts, punish criminals according to law, in order to ensure the smooth progress of the socialist construction.