Research On Administrative Law Enforcement And Criminal Justice Connection Of Crime Of Product Quality

With the improvement of the material level,consumers pay more attention to the level of consumption quality and experience.The level of quality of products has become an important basis for testing the product market,people also concern about the quality and safety of products.Throughout the theoretical circle and practice,there are full implementation of the two-law convergence mechanism in the fields of food,medicine,environmental protection,and tax crime.However,the two-law convergence mechanism for product quality violations is still blank,which not only reflects the field of product quality have not been paid attention,and also seriously affects the effectiveness of administrative law enforcement and criminal justice in combating crimes which in the field of product quality.Therefore,based on the particularity of law enforcement cases of product quality and administrative departments of market supervision and management,embed analysis the problems existing in the connection of product quality execution,and it has important practical and theoretical significance to put forward relevant suggestions for improvement..The context of this paper is as follows:The first part describes the basic categories of product quality violations,and demonstrate the definition of product quality administrative law enforcement and the important of criminal justice convergence theory.As the basic elements of the market economy,the harm of criminal act of products possess concealed,repetitive and implicated,so fighting against criminal of the product quality need the linking system of administrative law enforcement and criminal justice.It is not only the internal requirements of the difference between administrative offender and criminal offender,and the difference,relevance and Purpose unity between administrative law enforcement and criminal justice system.The second part reveals the current situation and existing problems that the connection between administrative law enforcement and criminal justice of product quality violations.In legislation,both the central and local governments have promulgated regulations that the connection of cracking down on illegal acts of product quality,in practice,product quality law enforcement agencies also have corresponding working procedures,but through analysis the law enforcement cases of quality of product in our country,low case transfer rate,local protectionism,penal punishment poor evidence conversion and so on often affecting the convergence of administrative law enforcement and criminal justice in this field,this is not only not conducive to the development of product market,but also has caused serious damage the physical and mental health of people.The third part analyses the causes of the problem about the connection between administrative law enforcement and criminal justice of product quality crime,specifically include:Firstly,the concept of law enforcement personnel of product quality is backward;Secondly,the legal norm of connection of execution of product of quality is not complete;Thirdly,administrative system of product quality market supervision organs is unique;Fourthly,the supervision mechanism of quality of product is imperfect.The fourth part puts forward the solutions about the administrative law enforcement and criminal justice of violations of product quality.Firstly,we should improve the professional accomplishment of administrative law enforcement personnel,and strengthen their concept of execution cohesion;Secondly,we should improve the legal rank of the connection of execution,so that to provide legal basis for cohesion work;Thirdly,we should innovating the joint work of product quality and execution,such as using site enforcement recorder,standardizing the punishment awards of transfer in criminal cases,innovate the trial system of the cases connecting of the two laws and so on;At the end,we should establish legal supervision system so that ensure quality of cohesion work from inner to outer,and propose the establishment of supervision and supervision system matching with market supervision and management organs.