The Joint Of Administrative Law Enforcement And Criminal Justice In China

Now, there are many problems during the enforcement of the administrative law when the suspected criminal cases found by the administrative organization are transferred to the judicial one. Such phenomena as "four more and four less", "administrative penalties instead of serving a sentence" have been emerging endlessly which brings hazards and risks to the more and more extensive, frequent, welfare enforcement of the administrative law at present. Many rules, made by the relevant departments gradually, on the joint of the administrative law enforcement and the judicial organization, are not paid enough attention because of less normative and too-low rank. Solutions to these problems lie in as follows: formulating feasible laws and regulations, perfecting the procedure of transferring and accepting the criminal cases, clearing the conversion of evidences, at the same time, enlarging the prosecutorial organization’s supervisory role, giving it more practical power to have its supervision implemented.This essay includes five parts.The first part is introduction. In this part, the author introduces the writing background and motive as well as the problems in joining the enforcement of the administrative law and the judicial organization together.In the second part, the author first states the joint between the enforcement of the administrative law and the criminal justice as well as the supervisory system. Then, the author illustrates the system’s basic meaning and present status as well as the necessity and feasibility of the supervision on the joint between the enforcement of the administrative law and the criminal justice from the prosecutorial organization. Finally, the author analyzes the importance of supervising the joint between the enforcement of the administrative law and the criminal justice by the prosecutorial organization.In the third part, the author discusses about the current status and shortcomings in our country of the prosecutorial organization in supervising the joint between the enforcement of the administrative law and the criminal justice. In the beginning, he elaborates problems in the system itself of the joint between the enforcement of the administrative law and the criminal justice like too-low-rank laws and regulations, less normative, without the principle of the Criminal First and the corresponding rules on evidence conversion. Then the author points out a very important reason leading to such problems is that the legal supervision from the prosecutorial organization is not in place. Some hard difficulties in practice are put forth, for example, poor sources of information, lack of operational supervision, its own awkward position.In the fourth part, the author mainly talks about the perfection for the convergence between the enforcement of the administrative law and the criminal justice made by the prosecutorial organization. He starts with some suggestions about how to perfect the supervisory system itself. These suggestions include:enacting the administrative and the criminal laws; establishing the rules of evidence conversion and specific punishment; Then, he puts forward some strategies on such aspects in perfecting the supervision from the prosecutorial organization as developing the supervisory basis, setting up the supervision on cases’ transferring, promoting the supervision on cases’ registering and the platform for sharing information, giving the prosecutorial organization real dispositive and investigative power.The fifth part is conclusion. In this part, the author reviews and summarizes the essay completely.