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The Convergence between Administrative Penalty and Criminal Punishment in China

Author: ZhangGui
Tutor: LiuLi
School: Xiangtan University
Course: Legal
Keywords: Administrative penalty Penalty Static state Dynamic Link up
CLC: D922.11
Type: Master's thesis
Year: 2010
Downloads: 162
Quote: 0
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Abstract


Administrative penalties and penalty as two different kinds of legal sanctions , they play an extremely important role in building a harmonious society , in social justice , stable social order , therefore , from the ideal angle , these two means of punishment must be formed a coherent whole . However, the reality is : there are still many non-convergence between the two , which is mainly manifested in both the content of the legislation and administrative law enforcement and criminal law enforcement process . This article hopes to find out they do not dovetail analyze the reasons for its existence , and then find a solution to the problem , improve the convergence of the two mechanisms . This article first chapter explains the lack of administrative penalties and penalty on the static convergence , including the contents of the legislation on the issues and the problems on the way of legislation , and analyzes of these problems are two main reasons : the executive and the legislature a lack of coordination ; criminal legislation of the departments of the executive and the legislature . Then, in the second corresponding to the elaborate administrative penalties and punishment in the lack of dynamic convergence : Yifadaixing serious competing phenomena ; applicable . Also in-depth analysis of the deep-seated reasons for these problems : the executive authorities for their own reasons ; lack of supervision by the procuratorial organs ; convergence system is not perfect . In the final chapter , perfect the mechanism of convergence of administrative penalties and punishment proposed a number of recommendations , including the static convergence of sound and dynamic convergence perfect , the static convergence of sound advice : perfect both on the content of the legislation ; both perfect in the way of legislation . Dynamic convergence of sound advice : the improvement of the transfer system ; perfect the mechanism of transfer of case information ; the applicable Harmonized System of perfection ; improvement of supervision and restraint mechanisms .

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Administrative decree
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