The Consummation Of Prosecutorial Supervisory Function From The Perspective Of “Linkage Between Administrative Enforcement And Criminal Justice”

Administrative unlawful acts involving crimes have flouted both the administrative laws and the criminal laws.Their nature of double illegality has decided the overlapping of forms of legal liability,which is the overlapping of administrative and penalty and criminal penalty,and has generated the problem of linkage between administrative enforcement and criminal judicature(hereinafter abbreviated as “Linkage”).The mechanism of linking administrative enforcement and criminal judicature is coined as “the linkage between administrative enforcement and criminal judicature”.It refers to the regulation and mechanism of administrative enforcement organs' transferring cases and leads involving crimes detected during the case handling to public security organs or the People's Procuratorate for investigation.It was established and gradually consummated in the process of rectifying and regularizing the market order in order to solve the problems of “non-transferring criminal cases”,“difficult transferring of criminal cases” and “substituting punishment for criminal penalties”,which are produced in the process of administrative law enforcement organs' enforcement law and case handling.With over a decade's exploration and experimentation,the linking mechanism of information sharing,case transferring and liaised conference system have been established and perfected.Yet,during the process of judicial practices,this mechanism did not pan out as expected since the proportion of criminal cases detected and treated through this linking mechanism is relatively low.In essence,this could be attributed to the deficiency of powerful legal supervision of administrative law enforcement.As the national legal supervision organ,the procuratorial organ is entitled to supervise the law enforcement acts by administrative organs and maintain the unified and appropriate implementation of laws,which is based on the theories of national procuratorial power and legal status of procuratorial organs.However,the long-existed deficiency of attention attached to legal supervision both in theory and in practice in the process of the “Linkage” is not in line with the supervisory power of procuratorial organs.Recent years,some local procecuratorial organs have reached considerable achievements in the exploration and attempt and have also been plunged in hardships and challenges in implementing and deepening the “Linkage”,in which new breakthroughs remains to be made in both theories and practices.Based on the fact that procuratorial organs possess the constitutional status in legal supervision organs,This paper argues that to perfect the mechanism of "the connection between the two laws",we must first establish the legal system of the procuratorial power as the center of the legal supervision of administrative law enforcement,and determine the administrative law enforcement supervision power of procuratorial organs.As the legal surveillance party,on one way,the procuratorial organs are entitled to share the information of law enforcement by administrative organs and remain informed of the process and outcomes of administrative law enforcement,which is the premise of any surveillance validity;on the other,they are to consummate the “Linkage” mechanism,establish and perfect the power distribution and project settings of supervision of administrative law enforcement by the procuratorial organs,and at the same time,strengthen the inter-cooperation between various procuratorial departments.This article is divided into four chapters.The first chapter is "the reduced cohesion" mechanism and its existing problems,and introduces the origin of "reduced cohesion" mechanism,contents and existing problems,and explain the meaning of "the reduced cohesion" mechanism,the defects of the present operation.In the second chapter is "the reduced cohesion" of the procuratorial supervision function and its effect,analyzes the procuratorial supervision function relations with "the reduced cohesion" mechanism,through the analysis of the legal position of procuratorial supervision function,discusses the theoretical basis and the necessity of procuratorial authority to supervise administrative power.Prosecutors in the third chapter is "the reduced cohesion" problems of supervision function,mainly analysis under the existing mechanism of "reduced cohesion" unable to give full play to the role of the limitations of procuratorial supervision function.The fourth chapter is put forward in "the reduced cohesion" of the procuratorial organs supervise function perfect path,through the analysis of the progressive transformation in the first three chapters,on the perspective of "the reduced cohesion" of the procuratorial supervision function perfect framework design,summarizing the experience of procuratorial practice,put forward to improve and perfect path.