On The Cohesive Application Of The Administrative Punishment And Criminal Punishment

Administrative punishment and penalty respectively as bear the way of administrative responsibility and criminal responsibility, the relationship between the complex, the manifestation, significant distinction in the legal practice, and is prone to apply competition. In legal practice, in the face of the phenomena of administrative punishment and penalty competition, how to select and apply to the administrative punishment and penalty is crucial.This article is divided into three parts, the first part analyzed the difference between the administrative punishment and criminal measures, embodied in:the implementation of main body of different, suitable objects, punishment degree different, suitable process and function, etc. So, in the general case, the distinction between the two is obvious, it is difficult to apply to both competition problem.The second part, mainly on legal practice is widespread in the administrative punishment and penalty competition problems, analysis and research. First of all, legal practice, what are the cause of administrative punishment and penalty competition? From the legislative point of view, the abstractness of the legislation, administrative penalty and punishment lack cohesion standard, administrative law and criminal law stability differences are the important cause of the competition. From the point of judicial, administrative organs and judicial organs, the lack of uniform standards, the communication mechanism is imperfect and the supervision and inspection mechanism of imperfect and so on are also the important cause of legal practice both competition; Second, the theory and practice, in view of the competition, there are three different views, namely "merge", "opt for" and "not applicable", among them, the administrative punishment and penalty and merge for the choice of the law has been applied in practice more, then the resulting, administrative penalty and punishment to choose the applicable standards and order of punishment after the merger is, especially the latter, have to legal practice bring great distress; Finally, in view of the concurrence of administrative punishment and penalty caused by legislative, judicial, respectively from the entity and procedure, so as to improve and perfect the administrative punishment and penalty join way, realize the organic link.The third part, mainly based on the second part, the administrative punishment and penalty of merging problem, respectively from the merger of applicable condition, the priority of the administrative punishment and penalty, administrative punishment punishment after apply for analysis and discusses three aspects. The uniqueness of the subject and the administrative crime, the dualism of the illegal act, punishment kinds of heterogeneity and punishment of double track line is to merge the range of the premise condition; Administrative punishment and penalty merger when applicable, the rationality of the "criminal priority" principle has more; Under the principle of "priority to criminal punishment after apply, how administrative punishment cohesion, in legal practice, can respectively from the program and the result of the criminal punishment from hair, realize administrative punishment punishment after reasonable cohesion.