Research On The Connection Mechanism Between Administrative Law Enforcement And Criminal Justice

The effective operation of the administrative law enforcement and criminal justice connection(hereinafter referred to as "exercise-penalty" connection)mechanism has always been a realistic problem jointly solved by the theoretical and practical circles,and it is also one of the theoretical difficulties.Because administrative law enforcement and criminal justice belong to different law enforcement systems,there are differences between the two in terms of law enforcement subjects,law enforcement basis,law enforcement authority,etc.,and related theoretical issues remain to be deepened.Legislative convergence is slightly crude,leading to convergence in enforcement Poor work is not conducive to the formation of a joint force against illegal crimes.How to effectively and justly apply the two methods of administrative law enforcement and criminal justice to ensure the social stability and healthy development of our country is a top priority.With the continuous expansion of the scope of adjustment between administrative law enforcement and criminal justice,the problem of the disconnect between administrative law enforcement and criminal justice in law enforcement practice is increasingly exposed,and the connection between the two has encountered obstacles.In judicial practice,incidents such as poor connections,unclear powers and responsibilities,and bullying are common.There are a large number of weak links and loopholes in supervision,and illegal and criminal acts are repeatedly banned.From the field of taxation and finance,which is closely related to the national economy,to the field of food safety that affects people's livelihood,and to the direction of ecological environment protection,all of them require the smooth implementation of the "exercise-penalty" connection.Therefore,in order to identify administrative violations and criminal cases,clarify the distribution and commitment of legal responsibilities,promote communication between law enforcement agencies and judicial organs,and transfer cases,it is necessary to improve the "exercise-penalty" connection mechanism and promote its effective operation.Since the beginning of the 1990 s,the academic community began to focus on the administrative criminal law and the connection between administrative punishment and criminal punishment.The research on the "exercise-penalty" connection mechanism has produced a lot of theoretical research results,and the framework of the connection mechanism has been formed.A variety of effective ideas such as joint meetings and information sharing platforms were put into practice and promoted the sound development of the convergence mechanism to a certain extent.This article will use empirical analysis and case analysis methods to conduct inductive research on numerous jurisprudence,and discuss the specific application of the principle of "exercise-penalty" connection mechanism in judicial practice.While exploring the applicable standards of principles,return to basic theoretical research,and strive to achieve the goal of parallel theory and practice and legal and reasonable practice first,and more comprehensively reflect the "exercise-penalty" connection problem and contradictions in the operation of related mechanisms,thus Seek further breakthroughs based on existing research.The so-called "exercise-punishment" connection mechanism refers to the transfer of criminal cases between administrative and judicial organs in accordance with legal procedures.Those suspected of committing crimes shall be held accountable by the judicial organs.Responsibility is a multi-party administrative system,criminal judiciary and supervisory organs.It is a program operation system with the functions of related departments,mutual cooperation and supervision,and joint crackdown on administrative crimes.Starting from the theoretical explanation,the main body of the article adopts the concept of a narrow sense,and leads to the cooperative relationship between administrative law enforcement and criminal judicial division of labor in the "execution-punishment" connection mechanism.It is more reasonable to analyze the crime of quality under the actual legal environment in our country to determine administrative crime.At the same time,we have sorted out and summarized the court judgments involving "exercise-punishment" connection in recent years,and used empirical analysis research methods to visualize the application of the principle of connection establishment in relevant cases in my country.Through analysis,it is found that the application of basic principles in theory and judicial practice is different,and has caused chaos in judicial judgment.Based on this,it is proposed to establish the principle of "synchronous coordination" with both legitimacy and rationality.Through the analysis of the plight of the "execution-punishment" connection mechanism in practice,combined with my country's relevant legal provisions on the "execution-punishment" connection,we explore the reasons for the disorder of the connection mechanism.The People 's Procuratorate 's legal supervision function lacks the means of supervision.In addition,the information asymmetry in the dual structure makes the inspection and supervision less effective,which greatly hinders the effective connection between the law enforcement department and the judicial department.In order to solve the difficulties encountered by the connection mechanism in reality,it is necessary to improve the detailed procedures in the law and establish an Internet + "execution-punishment" connection information sharing platform in the context of big data,so that all departments handling cases can be closely Together,it can also give full play to the supervision function of the procuratorial organ.A perfect supervision mechanism is more conducive to promoting the effective operation of the "execution-punishment" connection mechanism.