Administrative Law Enforcement And Criminal Justice Practice Problems And Improve The Cohesion Countermeasure Researcht

With the development of our country’s economy and society,it is a difficult problem in the field of law enforcement and judicial practice that how administrative law enforcement and criminal justice can be effectively docked.To this end,in 2001 the State Council has formulated and issued the "on rectifying and regulating market economic order","administrative law enforcement organs to transfer suspected criminal cases of the provisions",clearly pointed out:in the law enforcement and judicial activities,administrative law enforcement and criminal justice needs close coordination,establish a set of effective convergence mechanism,implementation of administrative law enforcement and the criminal justice effectively,promote administration according to law and justice,it pointed out the direction on how to effectively rectify and standardize the order of the socialist market economy,the prevention and punishment of serious economic crimes.After that,the administrative law enforcement and criminal justice related departments to respond positively,the progress of administrative law enforcement and criminal justice convergence work smoothly,the procuratorial organs also give full play to the function of legal supervision,strengthen the procuratorial supervision work of cohesion,administrative law enforcement and criminal justice to promote the orderly convergence,and achieved remarkable results.The smooth connection between administrative law enforcement and criminal justice is the integration of administrative law enforcement and criminal judicial power,so as to optimize the resources of law enforcement and handling cases,and jointly combat crimes.The effective docking of administrative law enforcement and criminal justice is not only conducive to timely combating crime,safeguarding the legitimate rights and interests of the masses,but also promoting strict law enforcement,fair judicature and enhancing the credibility of law enforcement and judicature.Along with the advance of the administrative law enforcement and criminal justice work,convergence mechanism,related to link practice more specific,embarked on a new level of cohesion,cohesion between the two is not only reflected in the market economic order,has gradually developed into the field of environmental protection,food and drug safety and the protection of intellectual property rights,and to obtain good results,and accumulated some experience.Since the eighteen Party of the party,the theoretical exploration and connection practice of the connection between administrative law enforcement and criminal justice has been further deepened.The party’s eighteen session of the third and fourth plenary session meetings for improvement and lists a clear requirement to improve the administrative law enforcement and criminal justice,the provisions by improving the relevant convergence mechanism,to further deepen the reform of administrative law enforcement and criminal justice,to avoid the case does not shift,the case is difficult to shift,yifadaixing to achieve a good situation,administrative punishment and criminal punishment docking.However,there are still many problems in current practice of administrative law enforcement and criminal justice connection practice,which leads to the existence of unsmooth connection.The reasons are:first,the administrative law enforcement agencies do not attach enough importance to cohesive work and are not effective enough.The administrative law enforcement organs of law enforcement investigators,investigators lack of strength level is not high,the initiative to transfer awareness is not high,there is no strict internal supervision mechanism,internal supervision is not in place,and the law enforcement authorities transferred the case is not standardized,with work experience,work habits can transfer,transfer of clues is not active.The two is that the relevant departments work hard to cooperate and cooperate,and have not formed an atmosphere of joint efforts to combat crime.Related work leading group cohesion is not enough emphasis on convergence work,work initiative is not high,lack of cohesion,led the joint meeting convened a joint meeting of the implementation is not in place,or not,or a mere formality,the reverse procedure in the link mechanism is not smooth,so that part of the administrative accountability of people to escape legal sanctions.At the same time,there is an effective connection between the administrative evidence and the lack of criminal evidence.In the case of law enforcement,the docking and transformation of the evidence can not be realized in time,which is not conducive to the fight against crime.The three is the external supervision of the connection between the administrative law enforcement and the criminal justice.Procuratorial organs to supervise the convergence work with great enthusiasm,but because of the improper ways of supervision,ineffective supervision,supervision and overall effectiveness is not optimistic;in addition,the administrative law enforcement and criminal justice information sharing platform is poorly run,prosecutors want to find and recommend the transfer of suspected criminal cases is almost impossible,not to the establishment of the original platform and the expected effect.Furthermore,due to the transparency of law enforcement administrative law enforcement is not enough,not open to the public,supervision information block,and people’s awareness of the rule of law,rights awareness is not high,the lack of awareness and ability of public supervision,the administrative law enforcement and criminal justice social supervision and lack of power,even in the blank.In view of this,in order to effectively promote the administrative law enforcement of criminal justice to a smooth transition and effective convergence,to improve from the convergence mechanism,standardize the administrative organs of the case to work,strengthen the cohesion of relevant administrative organs and criminal judicial organs work together to promote cooperation and cohesion work development,at the same time sharing from optimizing information resources,strengthen several aspects of procuratorial supervision,social supervision,supervision and other aspects to strengthen the convergence of the external supervision,so as to promote a smooth transition to the administrative law enforcement of criminal justice and effective docking.