Mutual Recognition of Compliance in the Perspective of Connection Between Administrative Enforcement and Criminal Justice:Legitimacy Risk and Its Response
Mutual recognition of compliance has great practical significance for expanding the effectiveness of com-pliance rectification,enhancing the synergy between administrative enforcement and criminal justice,and providing ade-quate legal incentives for enterprises involved.However,under the current dual system of law enforcement and criminal justice,mandatory mutual recognition of compliance has significant legitimacy risks.Such risks are mainly manifested in insufficient legal basis,confusion of procedural functions,improper restriction of administrative discretion and weakening of legal supervision responsibilities.Under the dual system,it is necessary to reflect on the connection mode of"criminal sanction firs",take the infringement of legal interests as the benchmark to distinguish administrative enforcement from criminal justice,and strengthen the main responsibility of administrative law enforcement for the maintenance of orderly legal interests,under the condition of abiding by the principle of penalty modesty and subordination.Respecting the inde-pendent value of administrative enforcement and criminal justice procedures,we should clarify the responsibility of ad-ministrative organization to deal with order violations in advance,limiting the mutual recognition of compliance only to certain situations where the elements of illegal acts are the same,respecting the discretion of administrative organs,and promote the comprehensive coordination of administrative enforcement and criminal justice in compliance reform.
connection between administrative enforcement and criminalmutual recognition of compliancecom-pliance rectificationcriminal sanction first
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