Study Of Improving And Perfecting Connection Mechanism Between Administrative Enforcement Of Law And Criminal Judicature

The illegal acts of the alleged crimes violate both the administrative law and the criminal law, which decides the concurrence of the form of legal liability, that is, the administrative punishment and the criminal punishment. Administrative law enforcement and criminal justice system design, namely, administrative law enforcement and criminal justice convergence mechanism referred to as the convergence of the two laws "mechanism, is refers to the transfer of suspected criminal cases or clues to the public security organs, people’s Procuratorate filed investigate formed during the working system and mechanism for administrative law enforcement organs.The convergence of the two laws "mechanism, is the first in rectifying and standardizing the market economic order, in order to solve the administrative law enforcement organs in the administrative law enforcement and case handling process" case "and" case is difficult to shift"," to punish the problem of torture ". After more than ten years of exploration and practice, it has gradually established and perfected the mechanism of information sharing, case transfer system, joint meeting system and so on. However, in judicial practice, the convergence of the two laws "mechanism did not play a due effect, through a cohesive mechanism to find and investigate criminal cases accounted for ratio was relatively low, the fundamental reason is lack of effective legal supervision of administrative law enforcement.This paper is based in the procuratorial organ is the constitutional status of the state organs for legal supervision, that improve the convergence of the two laws "mechanism, first of all to construct the procuratorial organs of the legal supervision of administrative enforcement of law legal system for the center to determine the procuratorial organs of the administrative law enforcement supervision. On the one hand, as the legal supervision, procuratorial organ has the right to administrative law enforcement information sharing, awareness of administrative punishment in the operating procedures and results, which is any supervision and play the effectiveness of premise; on the other hand, perfect the mechanism of the convergence of the two laws ", establish and improve the administrative law enforcement supervision of procuratorial organs in terms of configuration and program settings and strengthen the Prosecution Service Department of the interior.