Research On The Joint Mechanism Of Fishery Administrative Law Enforcement And Criminal Justice

As a key link in the process of cracking down on violations and crimes,the execution connection mechanism has attracted the attention of the national legal level since 2001.It has issued relevant administrative regulations,departmental rules and normative documents and issued a number of typical judicial cases.Over the past 20 years,the research on execution connection has gone deep into all aspects of social practice,but there is still insufficient attention in the field of fishery law enforcement.The purpose of this paper is to study the execution connection mechanism in the process of fishery law enforcement,analyze the application process of execution connection mechanism in the fishery field,point out its existing difficulties,analyze the causes,and then put forward the solution path.In recent years,with the depletion of fishery resources in China’s coastal and inland waters such as large rivers,the fishing intensity remains unabated,the means of crime are updated,and the suspected criminal cases in the fishery field are on the rise.The administrative punishment of the competent fishery department alone is not enough to curb these fishery crimes.Therefore,the research on the execution connection mechanism in the fishery field is conducive to improve the execution connection mechanism,promote its practice and application in the fishery field,effectively control fishery crimes and maintain fishery order.This paper focuses on the following aspects: first,what is the theoretical basis of China’s execution mechanism? Secondly,what is the development of execution convergence mechanism in China’s practice field? Specific to the field of fisheries? What practical experience do you have? Thirdly,what difficulties does the execution connection mechanism in China’s fishery field face? How to break through? By using literature research method,inductive and deductive research method,and cause-effect analysis method to analyze and study the above problems,the author finds that there are the following difficulties in the connection of execution in the field of fishery: the relevant legal provisions and institutional arrangements of the connection mechanism of execution in fishery are difficult to integrate into practice;The linkage mechanism of fishery execution is not running smoothly;The absence of supervision in the process of execution connection can’t give full play to the judicial function;The supporting guarantee systems such as professional law enforcement team and law enforcement funds are not perfect.Solving the above dilemma mainly starts from the following aspects: to promote the practice of seamless connection of system norms from the aspects of perfecting the expression of criminal charges,enriching the means of punishment and strengthening legal responsibility;Build a collaborative governance platform to provide an operation channel for the execution connection mechanism;Find out the orientation of procuratorial organs and improve the supervision mechanism;Multi-source diversion,perfecting the guarantee mechanism of the interface between execution and punishment.Maintaining the order of fishery production and life requires not only the normalization of administrative law enforcement by fishery administrative law enforcement departments at all levels,but also the power of criminal judicial organs to form a deterrent to fishery violations and crimes.The extensive use of the fishery execution connection mechanism provides a reference for improving China’s fishery law enforcement model.We should actively explore practical experience,formulate and introduce relevant management measures to effectively punish criminals and deter fishery crimes.