Study On The Convergence Procedure Of Administrative Law Enforcement And Criminal Judiciary

Since joining the WTO in 2001,with the rapid development of market economy,China has witnessed the constant occurrence of crimes against the order of socialist market economy as well.In order to rectify the market order,the Party Central Committee and the State Council authorized more administrative law enforcement power to the administrative law enforcement agencies according to the law.So enforcement powers and executive mode thereof are on the expansion.Administrative discretion is abused,especially in the field of administrative punishment.When administrative law enforcement departments handle such a crime case,many only verdict it as a general administrative violation for their own interests,which indulges criminals and leads the market to become more unstable and more chaotic.The phenomenon of "punishment for penalty" causes the administrative law enforcement and criminal judicature to be apart from each other,finally destroying the construction of law environment in China seriously.Since the State Council issued the "Regulations on Transferring Suspected Criminal Cases for Administrative Law Enforcement Organs" in 2001,the practice of administrative law enforcement and criminal justice convergence has been gradually carried out throughout the country.For instance,supporting measures or specific procedures were established in some areas while some places carried out a special regulation.The consciousness of administrative law enforcement case transferring in accordance with law has been gradually improving and the ratio of the transfer cases is rising year by year.However,due to the legislative imperfection of convergence mechanism,especially the lack of programs for transfer cases,cases which are transferred by administrative law enforcement organs to judicial organs are very chaotic with problems such as incomplete case documents,protracted cases after transferring,informal or incorrect transfer of cases and not transferring at all.In order to effectively solve the problem of poor convergence betweenadministrative law enforcement and criminal justice,this article designs the specific procedures from the perspective of administrative procedure with the carrier of administrative procedure law.This paper is divided into five parts and the content of each part respectively is as follows:The first part:After defining the administrative law enforcement and criminal justice procedure,the characteristics of convergence procedures are analyzed.Finally the cohesion program mode is introduced.The second part:It introduces in detail the theoretical basis of the administrative law enforcement and criminal justice procedures,including law-based administration theory and administrative criminal law theory and administrative discretion theory.The third part:Through the analysis of China’s relevant provisions of the administrative law enforcement and Criminal Justice program,the loopholes of provisions are indicated.The fourth part:Taking Shanghai,Sichuan Province and Beijing as examples,it introduces their practices and analyzes the existing problems.The fifth part:The proposal to improve the convergence process from the two aspects of legislation and supporting measures is introduced.