Study On The Connection Between Administrative Law Enforcement And Criminal Justice

Recent years,problems of the connection between administrative law enforcement and criminal justice have drawn people's great attention.The third plenary session of the 18 th Central Committee of the Communist Party of China proposed to “improve the mechanism for the coordination of administrative law enforcement and criminal justice” as one of the strategic plans for comprehensively deepening reform.The fourth plenary session of the 18 th Central Committee of the Communist Party of China put forward to “improve the mechanism of administrative law enforcement and criminal justice cohesion,……resolve the problems of cases not having been transferred,cases difficult to be transferred,cases being administrative punished that should be criminal penalized to realize the seamless docking of administrative punishments and criminal penalties.” On March 16,2016,the Outline of the 13 th Five-year Plan for National Economic and Social Development examined and passed at the fourth meeting of the 12 th Session of the National People's Congress offered to improve the mechanism of administrative law enforcement and criminal justice cohesion.Documents about administrative law enforcement and criminal justice policy on the central interface having been enacted one after another not only highlight the high-level interface for administrative law enforcement and criminal justice value,but also reflect that there is a big problem in our country on the administrative law enforcement and criminal justice coordinating works.The connection between administrative law enforcement and criminal justice originates from the mechanism of the connection between administrative penalty and criminal punishment.Administrative penalty and criminal punishment are the important forms of the illegal responsibility.The former is aimed at minor illegal ACTS that do not constitute crimes,and the latter is aimed at serious illegal ACTS that constitute crimes.Therefore,when the administrative law enforcement agency or the criminal justice department has found an illegal act which is not suitable for its jurisdiction,it is faced with the problem of how to deal with the case.The fourth plenary session of the 18 th Central Committee of the Communist Party of China(CPC)pointed out that the phenomenon of "the case is not moved,the case is difficult to move,and the punishment for penalty" is the manifestation of problems above have not been properly dealt with.This article from the current status of administrative law enforcement and criminal justice cohesion,by analyzing the problems existing in the administrative law enforcement and criminal justice cohesion and the cause of problem,tries to find out the obstacles in the administrative law enforcement and criminal justice docking,and then to solve one by one.This article is divided into five parts:The introduction part introduces the research background,research status and significance of the connection between administrative law enforcement and criminal justice.In the first part,the concepts of administrative law enforcement and criminal justice connection are defined.Due to the diversity of related researches,and related concepts having different meanings at different levels,the relevant concepts are required to be defined before the analysis of specific problems.The second part analyzes the current situation of the connection between administrative law enforcement and criminal justice in China from the normative and practical aspects.The substantive norms and procedural norms of administrative law enforcement and criminal justice constitute the normative basis for the connection between administrative law enforcement and criminal justice;determine the status quo of the connection between administrative law enforcement and criminal justice;and expose the existing problems in the connection between administrative law enforcement and criminal justice in China.In the third part,according to the current situation of the connection between administrative law enforcement and criminal justice in China,the concrete manifestation and cause of the problems are analyzed from the two aspects of substantial and procedure.The fourth part,in view of the administrative law enforcement and criminal justice docking problem reasons,respectively from two aspects of substantial and procedure in this paper,solutions of the administrative law enforcement and criminal justice problems are to be found.In the aspect of entity,it is changing the mode of the administrative penalty and criminal punishment cohesive to eliminate administrative law enforcement and criminal justice connection.In the aspect of program,it is to build the administrative law enforcement process information for the center with information communication system based on the rules and regulations of the current law,so as to solve the administrative law enforcement organs "have not shift",in "hard","penalty for punishment" and so on.