Research On The Concurrence Of Administrative Responsibility And Criminal Responsibility

Under the current legislative background,the administrative power enjoying the management function of social order has been continuously strengthened.As a result,the scope of administrative crimes premised on administrative violations has been continuously expanded in judicial practice,and in recent years there have been many executions that have drawn widespread attention from society.Therefore,the issue of convergence between administrative law and criminal law,as well as the competition between the two responsibilities,is receiving increasing attention.Reasonably limiting the scope of application of administrative law and criminal law,as well as the scope of administrative and criminal responsibilities,truly achieving "consistent power and responsibility" and "statutory crimes and punishments" are of great significance to the development and improvement of a socialist society ruled by law.This article takes the relevant theories of administrative lawbreaking and administrative crimes as well as the status quo of legislation as the starting point.It is clear that acts that can create a coincidence between administrative responsibility and criminal responsibility are essentially criminal acts.Based on the data released by various administrative agencies combined with judicial cases,it is found that there is currently a problem that the property punishment is relatively light,which makes the punishment intensity and punishment intensity of the behavior unable to meet the requirement of "consistent guilt and responsibility".In addition,it has been found that only when the administrative and judicial organs are properly connected can illegal and criminal acts be properly investigated.Through analysis,this article believes that in the respect of China’s legislative system,the analysis and application of liability and competition should be determined according to the specific circumstances of the case and social harm,and to give the judge a certain degree of discretion within the legal scope,rather than directly The amount of administrative penalties shall be exempted in a non-discriminatory manner.The effective connection between administrative law enforcement and criminal justice is the prerequisite for the co-occurrence of administrative responsibility and criminal responsibility.In the process of the two-responsibility competition situation,the professionalism of administrative law enforcement and criminal justice team personnel should be strengthened,and the professional accomplishment and professional ability of law enforcement judicial personnel should be improved.The connection between the two laws should not only be guaranteed by personnel,but also the optimization and improvement of the system.Regarding the system of optimizing the connection between administrative law enforcement and criminal justice,China’s existing legislation: "Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Authorities" and more than ten relevant laws and regulations have more procedural content and also The supervision mechanism has made more detailed regulations but the content of the entity is slightly insufficient.Therefore,in order to make the procedure and the entity go hand in hand,the legislative level should strengthen the perfection of the substantive content of administrative responsibility and criminal responsibility,and comprehensively optimize the system of administrative law enforcement and criminal justice.In addition,this article believes that the establishment of an information sharing platform between administrative law enforcement agencies and criminal justice agencies is more conducive to ensuring efficient communication between administrative agencies and judicial agencies to ensure a complete legal evaluation of the same behavior in the process of imputation.