The Dilemma And Outlet Of The System Of Administrative Enforcement Of Law And Criminal Justice

Along with the continuous development of economic and the expansion of the administrative organ,the number of cases which the administrative law enforcement are dealing with are increasing.Each year,cases that may be suspected of criminal offenses which need to be investigated for criminal responsibility are also increasing.However,more and more administrative organs beyond its own authority to do what the judge do.That means fines replacing punishments are more common.It clearly reflects the current obstacles that the cohesion mechanism of administrative enforcement of law and criminal justice are suffered.Take Shaoyang City,Hunan Province for example,although the cases which the administrative organs dealing with are getting more and more,things like a criminal wrongful act which need to be transferred are more easier to saw,and the same to the replacing punishments with fines.The conflict and tension between administrative punishment and penalty,also contrary to the value of fairness and justice.Therefore,it is particularly important to reduce or even eliminate the external conflicts and tensions.When we talk about the cohesion mechanism of administrative enforcement of law and criminal justice,whether an act is an administrative illegal act or a criminal wrongful act is the key of such cohesion mechanism.It comes down to let the criminal judicial organs to decide whether he or she is a criminal.Due to this,facing the predicament and out of it needs to be done,not only for its theoretical value,also for its practical significance.Based on this,there are four parts of this paper:The first part,try to define the criminal wrongful act,then clear the administrative enforcement of law and criminal justice by using penalty and administrative penalty.Therefore,define the cohesion mechanism.The second part,try to analysis the predicament of Shaoyang City,Hunan Province which makes this paper have its value.The main problems existing in Shaoyang City are include five aspects: case which needs to be move but didn't move,the information sharing platform using are not sufficient,the connection channel are not smooth,the lack of supervision and the divided standards.The third part,analysis he reason of its predicament from such four aspects: the lustre naturae of legislation;the acquired deficiencies of the interpretation of law;the weak rule consciousness;the loss of supervision by the procuratorial organs.The last part,based on the third part,try to find a way out which also follow the four aspects.The first measure is to unify the standards of law enforcement,make things goes in its own way.The second is to perfect the information platform which make sure the sharing of information resources runs more efficient.The third is to improve the awareness of cooperation and ensure the running of the cohesive devices.The forth measures are enhance the supervision by the procuratorial organs.