| With the economic and social development,there are more and more illegal activities like crimes against market economic orders and social management orders.The administrative law-enforcement agencies have investigated and prosecuted more and more illegal cases,among of which are suspected of criminal cases.In accordance with the regulations,administrative law-enforcement agencies should transfer these cases to criminal judicial authority,however,a few actually goes through judicial procedures.This kind of unwavering phenomenon highlights erosion of the administrative power to criminal justice,rooted in the contradiction between the administrative law-enforcement agencies respective interests and the principles existing in legal construction that the laws must be observed and strictly enforced,and lawbreakers must be prosecuted.The key to achieve the effective cohesion of administrative law enforcement and criminal justice is to complete supervision rights.However,due to various factors,the supervision of convergence between the two laws is failure,predicament mainly reflects on the lack of supervision basis,oversight of the main virtual and ineffective of supervision.It can be seen that to perfect the supervision of the convergence between them is still a institution barrier of standardizing and adjusting the market order.Based on this,the article is divided into three chapters to elaborate comprehensively of supervision mechanism of the cohesion between administrative law enforcement and criminal justice:The first chapter summarizes the supervision mechanism of the cohesion between administrative law enforcement and criminal justice.Firstly,introduces the concept and characteristic of the cohesive mechanism and supervision mechanism.Secondly,elaborates the theory basis of supervision mechanism,including the power balance principle,the principle of administration according to law and regulation theory of administrative law enforcement discretion.Finally,clears the necessity of establishing supervision mechanism which is to improve administrative law enforcement effect,to crack down illegal and criminal behavior,to realize the transformation of administrative illegal and criminal crime.The second chapter analyzes supervision mechanism of the cohesion between administrative law enforcement and criminal justice’s status quo and the causes in detail.By analysising the current situation of legislation and practice,it is concluded that the lack of effective supervision is due to the limited effectiveness of legislative supervision,the lack of independence of administrative supervision,the lag of judicial supervision and the unsuccessful channels of social supervision.The third chapter puts forward the suggestion of perfecting supervision mechanism of the cohesion between administrative law enforcement and criminal justice.The paper focuses on four aspects: perfecting the supervision of legislation,internal supervision,judicial supervision and social supervision.While establishing the core position of procuratorial supervision power,the supervision and coordination mechanism should be constructed,then expand the depth and breadth of cohesive constantly. |
