The Research On The Case Of Manufacturing And Selling False Lottery Tickets From The Perspective Of Public Security Organs

As a law enforcement organ,the public security organ has dual attributes.Under the existing legal framework,on one hand,the public security organ has the power of administrative law enforcement on,on the other hand,the law grants it the function of criminal law enforcement.From the perspective of public security organs,this paper analyses the disputes in the case of Ding Mou’s making and selling false lottery tickets,and the differences in judicial practice from the perspectives of entity cohesion and procedure cohesion.Entity convergence refers to whether administrative violations are suspected of crimes.And how to link the administrative punishment with the criminal punishment when the administrative illegal act suspected of committing the crime should be investigated both for administrative responsibility and criminal responsibility.The public security organs have difficulties in characterizing cases because of the double illegality of illegal acts,and they can not clearly make judgments on the issue of crime and non-crime.when the public security organs face the prosecutor’s office’s discretion not to prosecute whether they need to continue to impose administrative penalties,the public security organs are independent law enforcement subjects.The procuratorial recommendations issued by the public prosecutor’s office should not be used as a prerequisite for administrative law enforcement.