Research On The Function Of The Conviction And Sentencing Of The Administrative Punishment

It is a new trend in the criminal field of our country to confer administrative penalties for conviction and punishment.The standardized realization of the conviction and punishment function of administrative punishment can effectively fight crimes and better protect citizens' rights and freedoms.This article explains the basic concepts and characteristics of the conviction and penalty function of administrative penalties,compares the differences between conviction and sentencing functions of administrative penalties and related concepts,and analyzes the problems existing in the provisions of the current Chinese Criminal Criteria concerning the conviction and penalty of administrative penalties,and proposes relevant issues.The proposal,with a view to standardize the implementation of administrative punishment of conviction and punishment function.This article discusses the function of the conviction and penalty of administrative punishment in three parts,apart from the introduction:The first part is the summary of the conviction function of administrative penalties.It explains the conviction and penalty function of administrative penalties,defines the administrative penalties with conviction and penalties as criminal penalties,and establishes the penalties that affect behavior in judicial interpretations and the penalties for administrative penalties.The penalties for conviction and punishment of administrative penalties are mainly composed of conviction functions and sentencing functions of administrative penalties.Through the interpretation of the conviction function of the administrative penalty,the difference between the administrative penalty with the conviction and penalty function and the criminal record and consistent performance is clarified,so that the conviction and penalty function of the administrative penalty can be better understood.In addition,the legislative significance of the conviction and punishment of administrative penalties is elaborated.Secondly,it examines and analyzes the existing problems in the current criminal law norms concerning the functional punishment of conviction and sentencing in administrative penalties,and focuses on the various issues facing the legislation andjudicial practice.Specifically speaking,it points out that the conditions for application of conviction and sentencing for administrative penalties are not standardized and that the provisions between criminal law and administrative law are out of line and some provide analogical explanations,etc.,and discuss the issue of imposing execution without penalty in practice.Discuss possible violations of the prohibition of repeated evaluation.The root causes of these problems are analyzed.The reasons for these problems are mainly because of the excessive pursuit of efficiency and failure to play a role in the protection of criminal law;there is no good convergence between administrative law and criminal law,and there is no corresponding judicial review.Finally discusses how to achieve the standardization of the function of conviction and sentencing of administrative penalties.It mainly seeks to improve the methods based on the above exploration,proposes the conditions for the application of conviction and sentencing for administrative penalties,maintains the restraint of criminal law,and coordinates the relationship between administrative law enforcement and criminal justice.To strengthen the corresponding judicial review to standardize the realization of the conviction and punishment of administrative penalties.