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

In recent years, the cohesion mechanism of administrative law enforcement and criminal justice has become a hot problem in the judicial system reform. It is a kind of combined mechanism, and its content is mainly that the organs in charge of administrative law enforcement transfer the cases illegal administrative act in accordance with the law but suspected criminal to public security, procuratorial and judicial departments to deal with. From the State Council issued and implemented on the stipulation about administrative authority transferring suspected criminal case, the supreme people’s procuratorate alone or with related departments also issued a series of documents to regulate the reduced cohesion, promoting the cohesive work. But in the real practice, there are a lot of problems. For example, the case administrative law enforcement organs investigate is more, but less transferred to judicial organs; passing over the suspected criminal cases; replacing the criminal punishment with administrative punishment and so on. Establishing specification efficiency and effective supervision of cohesive mechanism of execution, on the one hand, can prevent replacing punishment with fines in the process of the administrative law enforcement and phenomenon of ineffective attack to promote administration according to law. On the other hand, it also has positive significance in preventing the phenomenon that cases should not be placed on file on file and passing over guilty to ensure the fair justice and further crack down on illegal and criminal cases,.Establishing and perfecting the reduced cohesion mechanism is the in-house and the inner requirement to healthy and orderly socialist market economy, also is the inevitable requirement to safeguard the unity of the socialist legal system and realize social justice. The fourth plenary session of the party’s 18 also proposed to strengthen the implementation of the reduced cohesion, to establish and improve the mechanism of the reduced cohesion, and gradually perfect the procedures and standard, and establish the relevant system to ensure that the administrative law enforcement organs and the judicial authority can be shared between information, efficient and quick to complete the transfer of reporting of the case and the case, to avoid a case, such problems punishment for punishment, making the administrative punishment and criminal penalties can seamless docking.The thesis will use the basic theories of administrative law to analysis the main problems and their causes in the current law and practice of administrative law enforcement and criminal justice in cohesion, and from the angle of theory and practical work put forward some suggestions to perfect the cohesive mechanism related work. Specifically, it is from five aspects to illustrate the specific content of administrative law enforcement and criminal justice cohesion system. The first part introduces the background and significance of the administrative law enforcement and criminal justice cohesion problems; The second part mainly explains the concept of administrative law enforcement and criminal justice and the concept and characteristics of the reduced cohesion; The third part analysis the basic theory of the reduced cohesion; The fourth part will elaborate the reduced cohesion as well as the problems of the paper analyzes the causes of these problems; The last part put forward concrete opinions to improve the system of administrative law enforcement and criminal justice cohesion.