Research On The Significance Of The Conviction And Sentencing Of Administrative Penalty

"Administrative penalty" has the criminal judicial conviction and sentencing significance. It is a fact that can not be avoided, is a criminal law and administrative law is associated, phase convergence in easy separation and urgently to be solved of important theory and practice problem.Cautious in the face and rational solution to the problem, a major issue is the criminal law and administrative law is a cross discipline theory research, but also to achieve "a sound administrative law enforcement and criminal justice convergence mechanism", achieve the important task of administrative penalties and criminal penalties seamless docking "of the party and government policy. This paper from the interpretation of the "administrative punishment" conviction and sentencing significance of the research on the basic concept of entry, of "administrative punishment" conviction and sentencing significance given according to, justice, perfecting measures and so on to launch more thorough and systematic inquiry, in order to realize the effective connection between the administrative law enforcement and criminal justice benefit. The full text is divided into four parts except the introduction:The first part of the "administrative penalty ’conviction and sentencing significance of the research on the basic concept of", mainly related to administrative law on administrative punishment, criminal law "administrative punishment" and the basic concepts of "administrative punishment" in the sense of conviction and sentencing. Among them, in the perspective of criminal law, the legislation phenomenon is of personal danger in criminal law norms embodied, is intrinsic to pursue the principle of suiting punishment to crime, the function of the criminal law ought to be, or independence of criminal law reflects the reality of; In the view of jurisprudence, this phenomenon is not only the requirement of the order value and justice value, but also the realistic reaction of the coordination of legal system; From the perspective of policy, The legislative phenomenon not only embodies the value of criminal policy order and efficiency, but also gives attention to the justice of criminal policy and the value of freedom. From the perspective of philosophy, The legislative phenomenon is not only in line with the general principle of contact, but also in line with the principle of variable relationship, but also in line with the principle of the unity of opposites.The third part "administrative penalty ’conviction and sentencing significance of judicial investigation, mainly in affirming the aforementioned" administrative penalty "conviction and sentencing legislation and reasonable on the basis, this paper focuses on the problems existing in the judicial norms and practices. These problems mainly include judicial interpretation of "administrative punishment" conviction and sentencing significance of the applicable conditions, and administrative law provisions of cohesion and whether there exists the issue of analogy interpretation, and whether there is a repeated evaluation, Penalty on behalf of the penalty and the penalty on behalf of the problem. The reason mainly lies in the pursuit of the criminal policy of efficiency and order value; ignore the human rights protection mechanism; lack of understanding of the legal system of coordination; machinery applicable laws and judicial review absence.The fourth part "administrative penalty ’conviction and sentencing significance of judicial perfection", mainly on the basis of the above argument, specifically seek solve "administrative punishment" the conviction and sentencing significance of and the problems existing in the judicial practice, the basic path. It is mainly the synchronous perfection of the judicial practice and judicial practice, including the further perfection of the judicial standard, the change of the judicial method and the strengthening of the judicial review in order to realize the effective connection between the administrative law enforcement and criminal justice.