The Dilemma And Technical Solution Of "The Connection Between Administrative Law Enforcement And Criminal Justice"

In recent years,the Central Committee of the Communist Party of China has repeatedly proposed to improve the connection between administrative law enforcement and criminal justice.The perfection of execution connection is not only an important link in deepening the reform of the administrative law enforcement system,but also one of the major contents of comprehensively advancing the rule of law.In view of the fact that the execution connection mechanism was originally constructed to regulate illegal acts that undermine the order of the market economy,and the execution connection problems of insider trading cases in the field of securities crime are also more prominent,this type of case is used as an entry point to find the current dilemma and try to propose a technical solution to the problem.This thesis firstly sorts out the general jurisprudence issues of the connection of executions,and lays a solid theoretical foundation for the research.Then the insider trading is analyzed in detail from the perspectives of constituent elements and nature of the crime.The conclusion is that the key to insider trading from an administrative violation to a criminal offense is the measurement of the degree of infringement of legal interests.In order to accurately grasp the degree of infringement of insider trading crimes on legal interests,this thesis selects 325 administrative penalty decisions and 64 criminal judgments as research samples for empirical research.It has been found by empirical evidence that objective facts such as the turnover of securities,the amount of profits,the rate of return,the scale of transactions,and the significance of inside information have a substantial impact on the case entering the judicial process.Under the guidance of the collective wisdom formed in the first-line administrative law enforcement and criminal justice practice,this thesis try to reconstruct the standard for prosecution and the serious circumstances.