On The Dilemma And Countermeasures Of The Connection Between Administrative Law Enforcement And Criminal Justice

With the deepening of judicial system reform,the study on the interlink between the administrative enforce of law and the criminal justice system called 'two laws convergence' becomes the hot topic accordingly.The 'two laws convergence' refers to the timely transformation of the acts that may probably constitute a crime from the administrative law enforcement organ to the judicial organ according to the law.The decisions on 'rectifying and regulating market economic order' and the regulations on'the transfer of suspected criminal cases by administrative law enforcement organs'promulgated by the State Council in 2001 jointly establish the basic structure of 'two laws convergence'.The relevant departments also issue a series of related polices to formulate and promote the progress the 'two laws convergence'.However in practice,there are problems such as 'penalty instead of punishment' or'less or even no punishment' existing in the implimentation of the 'two laws convergence',therefore the establishment of a formal and highly efficient linkage mechanism is of vital importance for the development of socialist market economy.The fourth Plenary Session of the 18th CPC Central Committee made the proposal to establish and perfect the 'two laws convergence' for the fluent transformation of administrative and criminal penalties.This essay further clarifies the differences between the administrative and criminal penalties by clarifying the relationship between administrative power and judicial power,and try to settle the legislative difficulties from the propective of lawmaking.This essay mainly focuses on the following four aspects:1.To introduce the significance of the mechanism from the analysis on its basic connotation and nature as well as its value and function.2.Introduce its historical evolution and the problems in its legislation.3.Introduce the judicial status and its existing problems by taking Jiangyin as an example.4.Propose the corresponding feasible suggestions to specialize the inspectiong authorities' right of legal supervision based on the discussion on the problems of the mechanism in the practice of legislation and administration of justice,aiming to explore a comprehensive and perfect practical system for the convergence of two laws.