Mechanism Of Administrative Law Enforcement And Criminal Justice

With the acceleration of the process of the construction of national legal system, according to the modern of distribution and adjustment of state power, executive power and judicial power established as a parallel of the two powers in the constitution, and the administrative law enforcement and criminal justice act established as two distinct legal act. To strengthen the administration of the executive power, found and corrected in a timely manner in the administration, and improving administrative efficiency. Aimed at the prevention and punishment of the crime of criminal justice, protect the legitimate rights and interests of citizens, the pursuit of judicial fairness, such a framework ensures that formed between the executive power and the power of criminal justice a mechanism of restraint and promote each other. But in reality, the phenomenon of using a fine instead of punishment as the representative of the executive power invasion criminal jurisdiction has occurred frequently, which makes this by the criminal law to adjust and solve problems through administrative means to resolve. Therefore, law enforcement and judicial practice, the problem of the connected mechanism research of the administrative law enforcement and the criminal justice has been a difficult problem in China’s legal practice.In recent years, with the relevant administrative regulations and judicial explain of the central and local government have been promulgated and implemented. The connected mechanism has been gradually established and perfected. However the corresponding working mechanism is not so perfect, there are still many problems, for example the relevant scholars or the law is also limited in the area of each respective. There is no perfect, systematic, high-level institutional norms and related research, closed reasons of administrative enforcement action, rules of differences evidence and so on. Substantive legal and procedural legal norms lack of convergence of the two, From the root causes of these problems, truly build long-term mechanism of administrative law enforcement and criminal justice is a system works. In this regard, the convergence history of the process starting from the administrative law enforcement and criminal justice, explore the theoretical basis of the administrative law enforcement and criminal justice, described the problems of both convergence and analysis of the reasons, improved policies from the entities and procedures, trying to explore effectively solve the problems in the two convergence programs.The connected mechanism of administrative law enforcement and criminal law enforcement mechanism must be systematically and comprehensively to think and study and formulate. Or it is bound to encourage the wanton expansion of executive powers, the phenomenon of using a fine instead of punishment and not holding accountable of Criminal acts will lead to the occurrence of such events. Caused serious harm to society. Only a correct understanding of the relationship between administrative law enforcement and criminal justice, at the same time, effectively vest procuratorial organs of executive power of legal supervision, and improve, improve, and refine the rules and regulations implemented by the various supporting, it can really achieve effective convergence of administrative law enforcement and criminal law enforcement, ensure that the administrative law enforcement organs to transfer suspected criminal cases in accordance with the law, in order to give full play to the legal function of both regulation of social relations.