The Difference Between Law And Order Violation And Criminal Violation And Application Study

The public security illegal and the criminal illegal are two kinds of most common illegal behaviors in the social life.In China,the illegal ACTS of public security mainly refer to the ACTS in violation of the provisions of the law on public security management and punishment,while the criminal violations refer to the ACTS in violation of the criminal laws of China.There are numerous connections between the two but there are great differences.For the distinction between the two,there are three main kinds of theories,one is the differences between the theory of "quality",the second is the"quantity" difference theory,three is,"the quality difference theory",the three theories have their own advantages and disadvantages,the theory of"quality difference comparison conforms to our country about the distinction between illegal and criminal law research,public security for security against the law to distinguish between illegal and criminal law,due to adhere to the quality difference,says also should strictly distinguish between criminal law and morality.It is not only difficult in theory to distinguish public security violation from criminal violation,but also has some problems in specific judicial application.Then there are loopholes in the connection of the means of punishment.There are a variety of causes:on the one hand is imperfect in legislation,"public security management punishment law and the criminal law on the law there are a lot of competition,many public security illegal and criminal offence on the expression of the same or basically the same,about these illegal crime and the crime in criminal law standard is fuzzy,the distinction between the lack of specific operation;Second,the relevant supporting systems are not perfect.The dual responsibilities of public security organs give the public security organs great discretion in the selection of case procedures.However,the supervision system of the procuratorate is not perfect.Third,the low quality of law enforcement personnel leads to selective law enforcement;Fourth,affected by relevant policies.In order to solve the two problems of criminal justice and public security violation in judicial practice,the first thing is to perfect the legislation,to improve the legislative deficiencies in the form of judicial interpretation;The second is to restrict the use of the crime of picking quarends and provoking troubles by the standard of behavior and distinction.Finally is consummation fine and fine discount Then,it is necessary to solve these problems from the relevant supporting systems.First,expand the scope of public security management punishment hearing,include other public security management punishment into the scope of hearing,and strengthen the supervision of public security organs' administrative law enforcement activities.Secondly,the public security organs and procuratorial organs should establish an information exchange mechanism to facilitate the procuratorial organs to supervise the public security cases and criminal cases handled by the public security organs without affecting the normal law enforcement activities of the public security organs.Third,the implementation of public security management punishment decision online;Fourth,strengthen the construction of law enforcement team,improve the law enforcement level of public security organs;Fifth,the relevant accountability mechanism should be improved to hold law enforcement personnel who make mistakes in law enforcement accountable.When the criminal illegal ACTS and the public security illegal ACTS concur,the law on public security management and punishment and the criminal law can be applied at the same time.At the same time,the principle of taking facts as the basis and law as the criterion should be adhered to.