Research On The Selection And Application Of Administrative Punishment And Criminal Penalty

Nowadays, with the development of the rule of law in China, the selection and application problem of administrative punishment and criminal penalty has received extensive attention in the field of law so that it's imperative to make a deep research for them.It's necessary to clarify the relationship between administrative illegality and criminal illegality before studying the the choice and application issue of administrative punishment and criminal penalty. By comparing the foreign theories and analyzing the two kinds of punishment, it turns out that the qualitative and quantitative difference theory best describes the two illegalities.Establishing relevant principles is capital for the the selection and application problem of administrative punishment and criminal penalty to ensure the orderly conduct of related activities. The modesty and restraint of criminal law on the legislation, criminal priority and combined punishment on application should be regarded as the basic principles to coordinate the activities during the choice and application of the two punishments. Meanwhile, integrating the principles in administrative law and criminal law to a certain extent may be guidance for the correlated behaviors, and it's essential to determine the principle of punishment through contrasting the classifications of administrative punishment and the criminal penalty.During the selection and application of the two punishments, the collection and use of evidence is also very important, and the analysis of the status quo of evidence exchange through them reveals that a sound evidence mechanism is of great significance. Considering the core position of evidence, we should be very careful to establish and improve the relevant mechanism gradually.Some special systems in China are the obstacles to the development of the choice and application of administrative penalty and criminal punishment. The author believe we will be able to resolve the relevant institutional barriers gradually combining with the circumstances of these systems and the abolition experience of the system of labor education.