In the 1990s,the problems in the construction of the rule of law in China,such as not transferring cases,difficulty in transferring cases,and substituting penalties for punishment,led to the establishment of the doctrine of criminal priority,which requires that cases suspected of having committed crimes be transferred to the investigating authorities in a timely manner,and that investigations of administrative offenses be discontinued.Based on the administrative prepositive requirement and the modesty of criminal law,administrative priority has been adopted in practice,with most cases of administrative offenses being investigated by administrative law-enforcing departments in accordance with law enforcement procedures,and then transferred to the public security organs after the facts of the crime are basically ascertained.The lack of investigative capacity of administrative authorities affects the ascertainment of the facts of the case.Both the criminal priority theory and the administrative priority theory are based on the separation of the investigation of violations of the law and the investigation of crimes,which is not conducive to the clarification of the convergence of administrative law and criminal law.The investigation of'administrative offenders'needs a joint role of administrative authorities and investigating authorities,and the convergence of the two laws of national governance should be changed from a separate type to a linkage type,to give public security organs the authority to intervene in the investigation of offenses in a timely manner when they are suspected of committing a crime,so as to ensure that in the process of investigation,the administrative authorities and public security organs can fully cooperate with each other to investigate the facts of illegal and criminal offenses in a coordinated manner.
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