Font Size: a A A

Research Of Administrative Law Enforcement And Criminal Justice Cohesion Mechanism

Posted on:2018-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:L CaoFull Text:PDF
GTID:2346330536480799Subject:Law
Abstract/Summary:PDF Full Text Request
There is a clear boundary between the illegal act and the criminal act,but there is also a close relationship.Generally,the illegal act can be regarded as a criminal act because of certain conditions.In the administrative law enforcement work,the administrative law enforcement organ shall,in accordance with the relevant provisions,The investigation and handling process found in the case of suspected crimes,transferred to the judiciary to deal with this administrative law enforcement agencies and criminal justice agencies in the work of the relationship between the administrative law enforcement and criminal justice convergence(hereinafter referred to as execution),is illegal and criminal The indispensable part of the binary separation of the prosecution mechanism.The study of execution coherence first appeared in the field of administrative criminal law theory.The theory of administrative criminal law was first proposed by J.Goldschmidt,the German criminal jurist,in his monograph of "administrative criminal law" published in 1902(the earliest translation is Constitutional criminal law),through the continuous development of the gradual formation of a variety of different theories.The administrative law enforcement and criminal justice convergence mechanism(hereinafter referred to as the execution mechanism)is to regulate the administrative law enforcement and criminal justice how effective and seamless integration of the important guarantee.At present,the coaching of our country through a series of theoretical research and practical development,has been effective,especially in the field of food and drug safety has formed a more complete coaching mechanism.However,since administrative law enforcement is the work of administrative law enforcement agencies with administrative penalties,criminal justice is the work of the public security organs to deal with criminal cases,leading to the mechanism of coordination between the work of state organs to coordinate these two different functions,Poorly run problems.Therefore,the mechanism of coaching in our country should improve the coaching mechanism of our country from the legal level,the system level,the supervisory level and the consciousness level from the practical difficulties faced by practice and learn from the advanced theory achievements and the experience of food and drug administration.This paper is divided into four parts.The first part analyzes the current research results by analyzing the background of the topic,and the value of the present research.The second part discusses the definition of the coherence mechanism,The author analyzes the development status of the co-ordination mechanism in China from the aspects of legal norms and judicial practice,and summarizes the current situation of China's co-operation mechanism The fourth part introduces the current situation and beneficial experience of the system outside the system,and then puts forward the countermeasures and suggestions to further improve the mechanism of co-operation in China.
Keywords/Search Tags:administrative law enforcement, criminal justice, cohesion, mechanism, perfection
PDF Full Text Request
Related items