The Convergence Mechanism Research Of Administrative Law Enforcement And Criminal Justice

The convergence mechanism between the administrative law enforcement and criminal judicature is a legal system of separating the suspected criminal cases from the general cases and handing over to the criminal judicial authority to investigate for criminal responsibility of the perpetrator during the process of the administrative law enforcement. The smooth implementation of the convergence mechanism will not only good for restraining the crimes of obstruction the administration of public order and the crimes of disrupting the order of socialist market economy, maintaining good order of the market economy, but also good for standardizing administrative behavior, combating administrative offenses effectively,maintaining national judicial authority. So it is of great significance to realize the good convergence. According to our current practice situation, there are still lots of problems. First,the administrative organs take action on the basis of Administrative Law, make punishment on the basis of administrative violations, their viewpoint and judgment on cases are very different from the specific provisions of the Criminal Law, the differences and unknown of the filing standards are the main reasons that leading to case inalienable and adopt punishment instead of penalty; Second, the evidence convergence and transformation have not completely resolved, when the evidence which obtained by administrative organs during the administrative enforcement activities transfer to the criminal justice organs, some could be used in the criminal process directly, some can only be used after transformation, but the main body, manner, result, standard of evidence transformation are not clear; At last, the problems that exist in working links also hinder the implement of the mechanism, for instance, the case entry modes in the information sharing system are not unity, the link of case transformation is confusion, the supervision role is not fully played.Ti is essential and urgent to implement the two joining together, this article starting from the above three questions, suggest we should realize the convergence of the filing standards between two types of cases first, at the same time, make the filing standards in accessory criminal law clearly; At the side of the transformation and linking up of evidence, we should investigate the ability of the evidence and probate force first, then the main body, manner,standard of the evidence convergence should be made clear and shall be transferred on situation according to “Criminal Procedure Law”, distinguish the applicable ways and means between material evidence and verbal evidence; At the side of working convergence,perfecting the case entry modes in the information sharing system, suggesting choosing the right mode according the local realities, making the main body of transfer and receive,materials, standard, deadline clearly, realizing the transfer of case efficiently, in addition,strengthening the legal supervision in the convergence mechanism, including three aspects:establishing and perfecting early intervention system, strengthening the supervision power to administrative activities, and perfecting the improve supervision.