Convergence Between Administrative Penalities And Criminal Penalities

Administrative penalties and penalty on the convergence of the origin of specific behavior both administrative and criminal offense of illegal properties, constitute "administrative offense" illegal harm larger, more serious compared to its general administration, at a time and then administrative penalties means it is obviously not enough punishment properly, can not be achieved, "the penalty of proportionality." Thus,the process of carrying out administrative law enforcement organs found in suspected criminal cases shall be transferred to criminal justice, to be investigated by the relevant actors of criminal responsibility. However, in the current practice of administrative law enforcement, for suspected criminal cases of illegal transfer of administrative transfer of work, there are still many problems to be solved. Administrative penalties and criminal penalties under certain conditions of convergence, convergence mechanisms work to establish and improve their procedures and methods specific implementation problems are solved.In this paper, comparative analysis and a method of multi-jurisdictional research,the current convergence of different of administrative penalties and penalties in practice to start all over, with reference to China’s current legal basis for administrative law and criminal law the two departments basis, with relevant domestic and international experience gained in this area and the results of membership in order to reveal the existing penalties and administrative penalties convergence mechanisms and causes of defects. Administrative penalties and punishment convergence poor reason, mainly due to: the legislation, the provisions of both the convergence mechanism has a great flaw,administrative criminal law legislation mode there are significant drawbacks,administrative penalties and administrative convergence Penalty criminal law legislation mode is primarily dependent manner interspersed type of legislation, most of the provisions on criminal penalties for simple general, making the relevant law enforcement officers, in actual operation can not apply directly involved, it is difficult to judge whether a standard administrative acts constitute a crime Administrative penalties and penalty convergence is very unfavorable. Secondly, the relevant normative documents legal position is low, the frame-based backbone administrative regulations,this way, it will result in the absence of enforceable administrative organ, and like otherlaws that stipulate the implementing rules go one by one is also very realistic, for responsibility Determination administrative law enforcement agencies will become more scarce. At the level of legal supervision, legal supervision role of the prosecution and the lack of rigid supervision limited in scope. "People’s Procuratorate administrative law enforcement organs Transfer of Suspected Criminal Cases provides that" if the alleged transfer of administrative law cases received by the public security organ or whether the provisions dealing with such critical issues, inspection bodies can do, at best, only opinions issued by an inspection and can not effectively supervise internships administrative punishment and penalty convergence work; law enforcement practice,the administrative law enforcement and judicial organs suspected criminal cases transferred to lack of uniform standards, "Administrative penalties instead of criminal penalties" phenomenon repeated. To solve the above problems, the legislation, the key is to improve the administration of criminal law legislation mode, improve the legal basis for the establishment of the convergence mechanism, and strengthen supervision of rigid expanded the scope of supervision of the prosecution to lay an administrative punishment and penalties up work consolidate the defense. And measures to improve enforcement of the key is to adhere to the principle of priority in criminal law enforcement and prosecution of cases assigned to merge right of investigation,comprehensive prevention "Administrative penalties instead of criminal penalties" phenomenon. Further transfer case sharing system, but also an important way to solve problems related to the construction of systems linked meeting system, prosecutors early intervention system.