On The Connection Between Administrative Punishment And Criminal Punishment

Problem in China’s current administrative law enforcement of administrative cases suspected of a crime to work has many problems, such as the phenomenon of "four more inter-province shifts, such as" punishment for punishment "phenomenon, damage and hidden danger has been increasingly prominent, the economic order, social order impact. Therefore, the "two join" problem such as working mechanism, the concrete implementation method is an urgent need to refactor or perfect from the theory and practice. Cohesive mechanism based on the administrative penalty and criminal punishment as the research category, from the separation of collaboration, the administrative criminal law theory, based on the current legal basis, with a view to the rule of law targets, summarizes the achievement and experience outside the rule of law and practice in our country, analyzes the existing defects and the cause of the "two penalty cohesion" mechanism, to improve and build in accordance with the present situation of our country under the rule of law "two penalty cohesion" mechanism of theoretical system and practice model.This paper is divided into five main parts:the first part, the administrative penalties、criminal penalties and defining the correlation concept, and explore its internal contact theory, analysis the necessity and feasibility of cohesion. From the rule of law theory, division of labor and collaboration theory, the administrative crime theory "two penalty cohesion" running mechanism of the legal basis and value. To review and look at the second part, the existing "two penalty cohesion" laws and regulations, and then look around the cohesion of the disease in the field of practical. The third part, from the aspects of legislation, administrative power operation, the judicial supervision and analysis of "two free throws cohesion" of the cause of the disorder. The fourth part, outside the relevant legislation and practice in order to draw lessons from. The fifth part, on the system, the system to create and perfect carry on theory analysis, from the legislation, procedure, operation and supervision of the four aspects make up the existing defects and the insufficiency, overall architecture and item by item, perfecting the mechanism of administrative punishment and criminal punishment cohesion practice system.