A Study On The Boundary Of Administrative Law Enforcement In The "connection Of The Two Laws"

In the process of operation of the mechanism of "connection between the two laws",there are many conflicts between the two branches of law,namely the law of execution and the law of punishment.The factors restricting the orderly connection between the two laws come from many aspects.Among them,the most fundamental problem is the boundary of administrative law enforcement in the field of convergence anomie.The administrative enforcement boundary is connected with the whole cohesive procedure,which can not only ensure the diversion of cases of different illegal nature in the cohesive practice,but also serve as the guiding condition for the initiation of cohesive case transfer procedure.The enactment law establishes the upper limit scope of administrative law enforcement activities by clarifying how to transition from administrative violation to criminal.However,when dealing with specific cases in practice,the boundary of law enforcement will often break through the upper limit range and unduly intervene in the criminal field,and the current practice situation is far from the original state established by legal norms.The reasons for the great difference between the actual state and the supposed state of administrative law enforcement include not only the imperfect institutional norms but also the human factors in the operation of the system.Regulations on the entity unresolved line,two people to distinguish,but also on the classification of the two kinds of illegal forms of unclear,even to the administrative criminal law is to solve the problem of "the reduced cohesion" deviation from the original track,plus "a second penalty" principle the shackles of traditional knowledge,these problems can be led to the important cause of administrative enforcement boundary is not clear.Moreover,due to the incompleteness of cohesive legislation in the norms of cohesive procedures,the incompleteness of case transfer mechanism,the ineffectiveness or absence of supervision procedures,and the misunderstanding of the principle of "criminal priority",the boundary of administrative law enforcement in the "convergence between the two laws" will face difficulties in procedural aspects.In addition,the omission of norms also leads to the deviation of law enforcement practice to a certain extent.In practice,the lack of understanding and understanding of the true meaning of legal documents on the part of the law enforcer will affect the correct identification of the nature of the case,and driven by various interests and corruption factors,the law enforcer will often take the initiative to avoid the problem of law enforcement boundary,making it deliberately distorted.In order to realize the orderly operation of the connection between the two laws,the aforementioned obstacles must be overcome.In practice,efforts should be made to improve the quality of law enforcers and to clarify their responsibilities so as to reduce the impact of human factors.On the system specification,by seeking to perfect the boundary points of the path of "reduced",set to distinguish the two kinds of illegal forms of standards,seeking the essence of the accessory criminal law is to clarify the administrative criminal law disputes,to understanding "a second penalty" principle,efforts to achieve the entity elements improved,and through perfecting legislation,strengthening procuratorial supervision and retrofit solutions like "criminal first" principle to improve the program elements.