At the Third Plenary Session of the 20th Central Committee of the Communist Party of China,the key reform task that'improvements will be made to the system for coordinating administrative and criminal penalties...At the Third Plenary Session of the 20th Central Committee of the Communist Party of China,the key reform task that'improvements will be made to the system for coordinating administrative and criminal penalties'was designated,drawing significant attention from academics and practitioners to China's reverse coordination mechanism between administrative enforcement and criminal justice.By examining the developmental trajectory and practical status of this system,it becomes evident that this unique reform initiative of the rule of law with Chinese characteristics,while showcasing its institutional advantages,also presents areas in urgent need of improvement,such as unclear theoretical foundations,incomplete frameworks,and limited operational effectiveness.Advancing the rule of law for the reverse coordination system between administrative enforcement and criminal justice requires a clear delineation of roles between procuratorial and administrative agencies,grounded in respecting the administrative agency's initial judgment authority.The reform should follow an orderly approach,embracing the model of front-end collaboration and back-end supervision'and adhering to'always establishing new systems before abolishing old ones while attaching equal importance to efforts in both respects'By specifically addressing the prominent issues in the practice of reverse coordination,the ultimate goal is to achieve lawful and efficient bidirectional coordination between administrative penalties and criminal penalties,as well as seamless coordination between administrative enforcement and criminal justice.展开更多
With the development of economy and society, our country is on the road of rule by law, the legal system is progressing constantly. At the same time, we should also see that the administration according to law is not ...With the development of economy and society, our country is on the road of rule by law, the legal system is progressing constantly. At the same time, we should also see that the administration according to law is not perfect, and its shortcomings exist in different degree and need to be further improved. Based on the analysis of the status quo of grass-roots administrative law enforcement in China, this paper tries to put forward corresponding countermeasures, so as to promote the work of law-based administration for the corresponding study.展开更多
基金a phased result of the General Research Program on Humanities and Social Sciences of the Ministry of Education in 2022,entitled Study on Illegal Evidence Collection in Administrative Punishments(Grant No.22YJA820029)。
文摘At the Third Plenary Session of the 20th Central Committee of the Communist Party of China,the key reform task that'improvements will be made to the system for coordinating administrative and criminal penalties'was designated,drawing significant attention from academics and practitioners to China's reverse coordination mechanism between administrative enforcement and criminal justice.By examining the developmental trajectory and practical status of this system,it becomes evident that this unique reform initiative of the rule of law with Chinese characteristics,while showcasing its institutional advantages,also presents areas in urgent need of improvement,such as unclear theoretical foundations,incomplete frameworks,and limited operational effectiveness.Advancing the rule of law for the reverse coordination system between administrative enforcement and criminal justice requires a clear delineation of roles between procuratorial and administrative agencies,grounded in respecting the administrative agency's initial judgment authority.The reform should follow an orderly approach,embracing the model of front-end collaboration and back-end supervision'and adhering to'always establishing new systems before abolishing old ones while attaching equal importance to efforts in both respects'By specifically addressing the prominent issues in the practice of reverse coordination,the ultimate goal is to achieve lawful and efficient bidirectional coordination between administrative penalties and criminal penalties,as well as seamless coordination between administrative enforcement and criminal justice.
文摘With the development of economy and society, our country is on the road of rule by law, the legal system is progressing constantly. At the same time, we should also see that the administration according to law is not perfect, and its shortcomings exist in different degree and need to be further improved. Based on the analysis of the status quo of grass-roots administrative law enforcement in China, this paper tries to put forward corresponding countermeasures, so as to promote the work of law-based administration for the corresponding study.
