A Study On The Administrative Enforcement And Criminal Justice Concerning Fisheries

The administrative law enforcement and criminal justice,is often referred to as"the execution of convergence,the convergence of the two laws".The Decision of the CPC Central Committee on Several Important Issues of Comprehensively Deepening Reform is adopted at the Third Plenary Session of the 18^th CPC Central Committee on November 12,2013.Meanwhile,a strategic for perfecting the mechanism of administrative law enforcement and criminal justice is made.the Decision of the CPC Central Committee on Major Issues Pertaining to Comprehensively Promoting the Rule of Law is adopted at the Fourth Plenary Session of the 18^thh CPC Central Committee on October 23,2014,putting forward an action to perfect the connection mechanism of administrative law enforcement and criminal justice,improve the standards and procedures at the case transfer,establish the system of information sharing,case notification and case transfer at the administrative law enforcement agencies,public security agency,inspection authority and the judiciary,achieve seamless connection of administrative and criminal penalty.Since 1986,Fisheries Law of the People's Republic of China was promulgated,fishery administration has embarked on the track of the rule of law governing the fishing.However,improper punishment of fishery crime cases,not effective establishment of fishery administrative infringement and criminal connection,phenomenon of not correction of guilty,not motion and difficulty of cases and penalty instead of punishment are exist.On the background of comprehensively promoting the rule of law,it`s necessary to achieve the effective connection of fishery administrative and criminal penalty,solve the actual problem in the field of fishery management,maintain the productive and managing order of fishery,promote the sustainable development of fishery.The discussion about the connection of the administrative law enforcement and the criminal justice in fishery is mainly divided into three parts.The first part summarizes the connection between fishery administrative law enforcement and criminal justice,and expounds the connotation of the connection between fishery administrative law enforcement and criminal justice.What`s more,concluded by the condition necessary for the fishery administrative infringement and the fishery administrative infringement act,possible charges and determination which is suspected of a crime in the fishery law.The second part analyzes the current situation of the connection between fishery administrative law enforcement and criminal justice,from the substantive and procedural perspectives.There are five main problems:one is the law is not clear;two is the case to the standard is not clear;three is evidence linking transformation difficulties;four is worrying the procuratorial organs supervision effect;five is the information sharing mechanism has not been established.The third part,according to the practical problems of administrative law enforcement and criminal justice,put forward the following suggestions:to amend the relevant laws and regulations,improve the case transfer standard,clear evidence linking into standard,strengthen the supervision of the procuratorial organs,create an information-sharing mechanism.