A Convergence Research On Administrative Law And Criminal Justice In Zhuhai

Administrative enforcement and criminal judicature are all applicable form of law. Administrative enforcement refers to the specific administrative behavior made by administration departments according to laws and regulations for specific person or matter. Criminal judicature refers to specialized activity made by judicial authorities aiming at criminal behavior whose social harmfulness is serious enough to be prosecuted for criminal liability. The convergence of administrative enforcement and criminal judicature(hereinafter referred to as “convergence of the two laws”) mainly refers to the collaboration mechanism in which, the administrative law enforcement organs should transfer the suspected criminal cases to judicial authority in their enforcement and judicial authority should transfer administratively-punished cases to the administrative law enforcement organs in the judicial procedure.Strengthening convergence of the two laws could solve the problem of failing to punish lawbreakers and replacing criminal penalties with fines, maintain market economy and social management order, promote law-based administration and impartial justice and advance establishment of law-ruling and honest government. Administrative crime theory, legal surveillance theory and crime prevention theory provide theoretical support for convergence of the two laws. Its legal basis is constitution, criminal law, administrative law and relative normative legal documents. Zhuhai gains significant effect by establishing information-sharing platform, improving the working mechanism and enhancing surveillance for administrative enforcement, case filing and investigation.At present, prominent problems in the convergence of the two laws are: the legislation is in low level, lacks practicality and implementation effect is commonly poor; the administrative crime’s legislation mode has much faultiness; the entry threshold is relatively high for corrupt of failing to transfer criminal cases; legal basis for surveillance of administrative enforcement is inadequate; there is no obvious regulations which stipulates to make administrative evidence transfer to criminal evidence. Problems in the practice of convergence of the two laws are: administrative enforcement agencies are haphazard when dealing with cases involved with crime and they transfer relatively few cases; public security organs do not receive suspected criminal cases and those received are not handled timely; principal parts of the convergence of the two laws lack communication; current surveillance mechanism are not implemented well; the application principles of administrative punishment and criminal punishment conflict with each other. Reasons of aforesaid problems include legislation faultiness, mechanism distemperedness as well as quality and thinkings of law enforcement officers. The key to solve all these problems is to improve relevant legal system of the convergence of the two laws, establish sound and scientific procedure, enhance supervision, inspection and administrative accountability, and improve the comprehensive qualities of administrators.