Study On The Connection Of Fishery Administration Law Enforcement And Criminal Justice

Administrative punishment and criminal punishment are the two main means of social governance,should be coordinated and connected with each other in terms of system design and function allocation.In the current,the convergence system between administrative law enforcement and criminal justice in our country,especially in the field of fishery law enforcement,there is a lot of incoordination.This disharmony is not only reflected in the legislative level,but also in the specific legal practice.This is extremely unfavorable to punish and prevent illegal and criminal activities in the fishing industry,promote the management of fisheries according to law,maintain the safety of the ecological environment,and build a community state ruled by law.This paper is divided into four parts to study the connection between administrative law enforcement and criminal justice in the field of fisheries in China.Firstly,the author introduces theory of foundations of the connection.This includes the clarification of relevant concepts and the value and significance of the convergence of the two approaches to fisheries.The author defines the fishery administrative law enforcement,the fishery criminal justice and the connection between the fishery administrative law enforcement and the criminal justice.Secondly,the author combs the current situation of the connection of fishery administrative law enforcement and criminal justice in China,and introduces the progress of the two laws in the fisheries administration field in many provinces of our country.Thirdly,on the basis of empirical investigation,the author analyzes the problems and related reasons in the connection between the administration of fishery law enforcement and criminal justice in China.In the author's opinion,there are five main problems in convergence,namely: the fishery administrative organs substitute punishment for punishment,there are no cases to be transferred,the judicial organs put on file and the handling rate is low after the transfer of the administrative organs.Inconsistency of evidence requirements between administrative enforcement of fisheries and criminal justice,The parallel problem of administrative punishment and criminal punishment in the connection of fishery law and the problem that the concept of managing fishery according to law and ecological environment security have not been paid attention to.The main reasons are four: the connection of relevant laws and regulations is not close enough,The boundary between the crime and the non-crime is notclear,the pluralism of the subject and the basis of the sanction measures leads to the disunity of all kinds of standards,and the information exchange between the fishery administration and the judicial organ.Lack of smooth,lack of cooperation mechanism and related law enforcement personnel lack of legal level and judicial personnel involved in fishing professional deficiencies;Finally,according to the actual problems and reasons,put forward their own suggestions on improving the connection between the administrative law enforcement and criminal justice of fishery administration in China.Among them,there are not only suggestions on legislation,but also some suggestions on how to link up the two fisheries laws.In this paper,the author mentioned some theoretical and legislative views,but more based on empirical research and empirical analysis.In our country,the problem of the convergence of two methods has been studied for a long time,but the problem of convergence of two methods in the field of fishery is rarely mentioned.From this angle of view,the author hopes to put forward some feasible suggestions for the convergence of the two methods of fishery in our country.To a certain extent,it can also promote the progress of the work of linking the two methods in our country.