Model Analysis and Optimized Path for the Reverse Connection Mechanism of Administrative and Criminal Law
The reverse connection of administrative and criminal law is a mechanism for linking administrative penalties after the judicial process of examination and prosecution,and criminal trial.This mechanism includes both the model of"non-prosecution—administrative penalty"and the model of"criminal judgement—administrative penalty".In the former model,the procuratorial organs give full play to their leading role,and through the formula-tion and issuance of procuratorial opinions and recommendations,they may"ascertain the administrative responsibil-ity as the criminal punishment is canceled",thus weaving a dense web of responsibility for minor offence.In the lat-ter model,as the subject,the procuratorial organs further judge the necessity of administrative penalty after a crimi-nal judgement and comprehensively investigate the responsibility of the violator.In order to optimize the reverse con-nection mechanism of administrative and criminal law,the procuratorial organs should,in the model of"non-prose-cution—administrative penalty",strengthen the digital empowerment and achieve in-depth governance;in the model of"criminal judgement—administrative penalty",the procuratorial organs should promote the coordination and cooperation and break up the programme blockages;and in the supervision of administrative offence,they should insist on the follow-up supervision and ensure the quality and effect of the connection.
reverse connection of administrative and criminal lawadministrative penaltyprocuratorial organ
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