Research On The Connection Between Administrative Punishment And Criminal Punishment

In practice,the problem of convergence between administrative penalty and criminal punishment is often called "The Connection between Administrative Law and Criminal Law".As early as the last century,90 years,the convergence of the two issues caused by China's administrative law and criminal law scholars' attention.In the21 st century,China's social and economic development is in the stage of dynamic growth,but also reflects the government administration and judicial approach are lack of capacity.May be based on the interests of the consideration or lack of understanding,administrative law enforcement to adopt the way of administrative punishment instead of criminal penalties or deliberately not transfer the case for many cases where criminal responsibility should be held.That incompatibles principle of criminal law on criminal culpability consistent,so that criminal acts to escape criminal penalties.From the issue to the present,after more than a decade.To solve this problem,administrative law enforcement and judiciary authorities has published hundreds of normative legal documents.With the establishment and development of federal society,the problem of "The Connection between Administrative Law and Criminal Law" is being solved,and there have also been new results in combating and dealing with administrative crimes,administrative law enforcement reduced the wrong way,The judicial authorities on the case to receive the case is also steadily rising.But there are still many problems,for instance,the legal content provision does not converge,the procedures of case transfer are confusing,the old problem still exists,new problems of “Criminal penalties instead of administrative penalties”arises and procuratorate's supervision is weak.To solve the problems of "The Connection between Administrative Law and Criminal Law",this article from the legislation,law enforcement,and supervision of three levels.For the problem of the content and level of legislation,should build,revise,abolish the law,which could consort the content of Administrative Law and Criminal Law.And to clear the details of each part of the transfer case,especially a few important parts,like the transfer standard,the transfer materials,review period,evidence transformation and the way of receiving cases.For the phenomenon of“Administrative punishment instead of criminal penalties”and“Criminal penalties instead of administrative penalties”,should strengthen cooperation between theadministrative law enforcement and the judiciary authorities,developed specification for handling case,implement the accountability system.The supervision of the procuratorate needs a legal basis,and make the rules of supervision more detailed.Also should clearly defined responsibilities of supervision,and prescribe the obligation for administrative law enforcement and judiciary authorities,rich the forms of supervision work.