The Boundary And Management Between Administrative Illegal And Administrative Crime

In our legal system, jurisdiction of administrative illegal and administrative crime belong to different branches of law, but they are all belongs to the public law category, Whether administrative or criminal law, all state organs as the subject of law enforcement to protect the interests of the state law. So,they are essentially public use of state power to social governance means, all bear the legal responsibility of public law. Both of them can exist and develop run parallel, and should form a mutual coordination and cohesion. But the Provision of the legislation on the punishment of administrative illegal and administrative crime exist many contradictions and incongruities, and the question of Coupled with the law enforcement. Administrative illegal and administrative crime question in processing. These questions inevitably seriously affects the play and the role of administrative and criminal law function, How to promote the harmonious development in the legislation and application of administrative law and criminal law,the only way is administrative illegal and administrative crime problemThis paper mainly studies the administrative illegal and administrative crime divided and deal with the problemPart â… , Interpretation the define the administrative illegal and administrative crime.This paper in three kinds of academic viewpoints to Interpretation for the administrative illegal: The administrative subject, The administrative relative person said Subject of administrative legal relationship.Part â…¡, Processing on administrative illegal and administrative crime problems. Mainly in the following two aspects of the problem:First, The legislation limits of administrative illegal and administrative crime is unknown. Embodied in the legislation of administrative penalty and criminal punishment of non-conforming, validity of reeducation through labor has been questioned and the punishment scope in some criminal penalty. Second, Law enforcement and judicial joining is not clear. Mainly in four aspects:First, in law enforcement, administrative law enforcement and criminal justice closed to each other. Second, To punishment and criminal penalty exist not only the administrative law enforcement and criminal justice. Third, Administrative law enforcement and criminal justice and the evidence standard for the different. Fourth, Procuratorate supervision is not enoughPart â…¢. In the logic starting point, The legislation on administrative illegal and administrative crime legislation. Clear administrative illegal and administrative crime legal boundaries. Second, rational allocation of administrative illegal and administrative crime rate..Part â…£. Discuss the treatment question in administrative violations of law and administrative crime legislation basis. Then discuss the handling of administrative cases need to investigate a case after the treatment and the judicial organ to investigate the case. Third, discussion on administrative punishment and administrative crime specific connection processing. Last, forward some suggestions on strengthening the supervision system of procuratorial organ.