Analysis On The Relationship Between Criminal And Administrative Identification

According to the theory of administrative penal code, the administrative offense have two features of illegality and offence.Therefore, there are two aspects identification in the criminal prosecution of crime administrative procedures, administrative law and criminal identification identified. This article mainly from the perspective of the prosecution of administrative offenses explore the relationship between criminal and administrative identification, pointed out that criminal identification should not be determined by the administrative identification, but the administrative finds have some unique position and role for criminal offenses identification. To some extent,The relationship between criminal and administrative identification is the relationship between criminal law and administrative law embodied in practice operations. Both them should live in harmony, but their relationship in judicial practice performance is not so harmonious.There are confused or conflict dislocation problems. This article is in this context of the criminal and administrative relationship between theory and finds elaborate practical aspects.According to the article suggested that analysis, problem-solving ideas discussed. This article includes the following three parts:The first part mainly talk about the theory and the relationship between the status quo of criminal and administrative issues identification.I believe that the intermediaryor bridge between the criminal and administrative identification is the "Criminal Law" which provides for administrative offenses.Administrative offenses are serious violations of the country due to administrative activities, administrative laws and regulations can not be regulated and penalties are prescribed in the Penal Code legislators, which has criminal and administrative dual illegal conduct.Criminal and administrative finds are finds on the criminal and administrative law administrative crime.Criminal identification herein refers to the confirmed and qualitative judicial activities public security of organs, procuratorial organs, court,including a suspected criminal violations of administrative compliance constitutive elements of crime, whether the conditions for criminal prosecution and whether infringed the penal law.Criminal and administrative identification are different and contacted.Then discuss the identification procedures are required on administrative front of the two views, Review of the criminal and administrative judicial interpretation identified, demonstrated administrative certification process should not be recognized by the pre-criminal procedure. Administrative identification can not decide the outcome of criminal identification and processes. I believe that the administrative procedures should be pre-determined point is confused the criminal law theory and secondary levels of the criminal justice legislation on the level of criminal identification determined by administrative intervention theory.The second part analyze the problems and reasons between criminal and administrative identification.The problem of their relationship is mainly reflected in two aspects which are confused and conflict.Confused mainly refers to the case of dislocation between criminal judicial and administrative authorities in administrative offenses occurred during the prosecution of the nature or scope of recognition.Both identifications are based on their powers or duties arising from the present into the criminal proceedings that are identified by the criminal justice the case is to be illegally intercepted executive program.On the contrary it does not belong to the scope of the criminal justice administrative violations identified is forced into the criminal ranks.It includes administrative procedures pre-determined administrative punishment instead of criminal penalties, criminal identification offside administrative identification.Conflict is refers to the executive and the judiciary for the same criminal law to the facts made by the nature, status and obligations of the authority of the law, such as the fact that the draw for the content found conflicting opinions, which occurred in the contradictions and conflicts.The reasons for confused and conflicting are including two aspects,that we use the blank terms consolidated affiliated legislative model type on administrative offenses legislation.The third part focuses on the issues of the effective convergence of criminal and administrative identification. Criminal and administrative identification develop harmonious needs to establish an effective mechanism for convergence,which is the requirements of "two laws effective convergence",and also conducive to better prosecute administrative offenses.In the case of administrative offenses of criminal prosecution process, in principle,the criminal procedure In the case of administrative offenses of criminal prosecution process, in principle,the criminal identified procedure is priority to the administrative identified procedures.Without administrative identification,we can prioritize the criminal identified procedure when it meets the criminal prosecution standards.Under certain conditions, the executive identification is the basis for criminal identification and important support evidence.We should strengthen the administration identification the results of the review in judicial practice.In order to better supervise the administrative enforcement and play the role of administration identification.I suggest that we can try to establish the prosecution early intervention and public security authorities supervise the investigation of the early intervention system in conditionally.