Research On The Convergence System Of Administrative Law Enforcement And Criminal Justice

With the rapid development of economy and the promoting of legalizationprocess, large amounts of new crimes arise. This resulting in the expanding of thefields the administration law enforcement and criminal justice are mixed. And finallyprovides the realistic basis of the convergence system of administrative lawenforcement and criminal justice. As administrative law enforcement and criminaljustice are divided to different systems, how to distinguish the type of cases, andmake the administrative criminal cases can smoothly enter the judicial process andcharged with corresponding legal sanction is a question. So we should establish thesystem to convergent of administrative law enforcement and criminal justice.In recent years, research on convergence of administrative law enforcement andcriminal justice has already made certain achievements. On the one hand, researchershave sought to find a standard to distinguish administrative law, administrativeoffenses and criminal crime from a theoretical point of view. This can help to solvethe problem of which aspect does the case belongs to in practice. On the other hand,legal practitioners are mainly focus on establishing effective communicationmechanism of administrative law enforcement organs and judicial organs andsupervise the process administrative law enforcement organs to transfer case.However, the existing research results cannot cover and solve all the problems in theprocess of administrative law enforcement and criminal justice convergence. Atpresent, theoretical basis for constructing two cohesive systems in our country is stillrelatively weak and also lack of relevant laws and regulations. The vulnerabilities ofthe punishment system make the purpose of law enforcement hard to achieve, so theestablishment of procedural legislation and the specific rules for the operation is inagent need. Therefore, constructing a cohesive system of administrative lawenforcement and criminal justice in China from theory, legislation, law enforcementand the working mechanism four aspects, is of great significance to the protection ofChina’s administrative law enforcement and criminal justice cohesion work.In this paper, I use value analysis, empirical analysis, comparative analysis and other research methods, to put forward the corresponding measures according to theexisting problems. Firstly, in the theoretical level, we should prefect the theory ofconstitution of crime, to solve the dilemma of qualitative and quantitative methodspattern brought in; Secondly, at the legislative level, we should pay more attention tothe establishment of procedure law and perfect the relevant responsibility mechanism;Thirdly, in terms of law enforcement, we should proposed the establishment of acomplete and effective public law system and execution mechanism from the entrypoint of the system of reeducation through labor; Finally, we should refine theadministrative law enforcement and criminal justice system in the specific operationmechanism of cohesion, and then analyze the rationality and feasibility of earlyintervention mechanism of procuratorate.