The Research On The Cohesion Of Administrative Enforcement And Criminal Justice

The cohesion problems of administrative enforcement and criminal justice gradually caused the attention of every level as early as more than 20 years ago,but because of the involved area and situation is very complicated,the penalty punishment,a case not move,move case ignore,expanding justice and other problems have been,never cured.Now a lot of research is mainly focused on the work mechanism,the connecting mechanism,the improvement of the program,but less focused on the substantive law and legislative thinking into the original meaning of these deep-seated problems.Many study of principles,such as the principle anymore and somewhat criminal priority and the speaking like a book,ignoring the law was specified and executive intention.Because of the reduced cohesion involves very wide range of problems which are also very complex,it is difficult to rely on their own will problem analysis thoroughly,explain.So this article choose to cut in the perspective of medical law,some problems in medical field reduced cohesion as a starting point,the argument of the author to solve the problem of the current flow method cohesion proposed some views.This paper will be divided into four chapters except the introduction,the main contents are as follows:The first chapter,the reduced cohesion theory basis and trouble.The first section is the history of the problem and dilemma of the reduced cohesion as a basic overview.First of all,defines the basic concept of administrative law enforcement and criminal justice,and expounded in this paper,the administrative law enforcement and criminal justice join the reasons for this idea,to lay a good foundation for the study of the reduced cohesion;Secondly,this paper introduces the reduced the historical evolution of cohesion.The first stage,the focus on the basis of relatively: on the one hand is the study of the concept and character of administrative criminal law;On the other hand is a focus on the competition rules of administrative law enforcement and criminal justice and scope for research.The second stage,since the late 90 s to 90 years ago,this paragraph of time the focus of attention for the administrative punishment law of discipline construction,how to determined the nature of the administrative crime and build the reduced cohesion coordination mechanism.The third stage,since 2005,the reduced problem got unprecedented attention,mainly manifested in two aspects: first,the relevant theoretical research more deeply;Second,the high-level government on the reduced cohesion problems repeatedly held fruitful seminar;The second section is on the current status of the legislation of the reduced cohesion in the field of medical treatment.In the introduction and analysis of existing related to medical administrative enforcement of law,administrative regulations and judicial laws,administrative regulations,on the basis of the existing legislative situation analysis problems of the reduced cohesion;The plight of the third quarter from existing research to reflect the reduced cohesion.First of all,it is pointed out that the current flow method cohesion case is not exist in the judicial practice,judicial cognizance expansion,imperfect working mechanism and so on the realistic predicament,finally,the causes of difficulty of the reduced cohesion flow method to reflect on the principles of cohesion.The second chapter,from the medical illegal behavior analysis of the reduced cohesion.The first section is the "illegal practice" behavior problems.First of all,the paper expounds the cognizance of illegal practice medicine after receiving administrative penalties twice;Secondly,the paper expounds the illegal practice "doctor qualification obtained" identity problems;Finally,the paper expounds the illegal practice "severe health injury of patient" problem.The second section is for "illegal birth control operation" behavior problem analysis.First of all,analyze the main body that issues;Secondly,analysis on illegal birth control operation severe physical health injury of patient's problems.The third section is on "medical accidents" behavior problem analysis.First of all,the analysis of the medical staff on the subject that cohesion problem;Secondly,analyze the malpractice of illegal and criminal judgement.The fourth quarter,points out that in the medical field reduced cohesion "behavior cognizance of deficiencies.First,points out problems existing in the behavior standards;Second,points out that the behavior of conflict;Finally,points out that the behavior identifying the evidence in question.The third chapter,from "the penalty" analysis of the reduced cohesion in the field of medical treatment.The first section,cohesion of the problems of analyzing differences between penalty types.First of all,the introduction of medical law and medical crime penalty types.Points out that the penalty types of cohesion in medical areas mainly involves two aspects: one is similar to the cohesion between penalty types;Second,cohesion between different kinds of punishment,but currently existing difficulties both in terms of cohesion;Secondly,analyze the penalty type problem.The second section,analysis way of penalty differences lead to convergence problems.First of all,the introduction of medical law and medical criminal punishment;Second,the analysis way of penalty problem.Analysis of the current medical offence is given priority to with penalty units,but medical criminal sentenced to punishment for individuals,only this way of penalty differences lead to the cohesion of the subject difficult,as well as fines and penalties applicable chaos.The third section,analysis of the penalty "or" balance and coordination.First of all,analyze the weight of the fines and fines coordination;Secondly,Analysis of administrative detention and the imbalance between short-term freedom penaltyanalys.Connection problem between the fourth quarter,analysis of the penalty,points out that the punishment for punishment,punishment punishment,punishment is not only the three problems.The fourth chapter,the path of the Suggestions to consummate the reduced cohesion.The first section,the legislation Suggestions to consummate the reduced cohesion.First of all,through the introduction and analysis of foreign administrative crime legislation mode and adopt the legislative mode analysis of our country,for the choice of the administrative crime legislation mode in China are put forward.Secondly,contents on the coordination of the legislation,the applicable scope and punishment on the weight of cohesion.In the second quarter,perfect the effective application of the reduced cohesion behavior cognizance.First,improve the classification of the administrative law and administrative crime,put forward to perfect the administrative crime punishment configuration and the penalty cohesion processing pattern.