The Practical Predicament and Improvement Path of The Two-Way Connection Mechanism Between Administrative and Criminal Law Enforcement In Our Country

Abstract

The connection between administrative law enforcement and criminal justice is the core institutional design of the hierarchical governance of illegal and criminal activities and the closed-loop pursuit of legal responsibility in China, and it carries the important functions of solving the chaos of "substituting punishment for punishment" and "no punishment, no punishment" and maintaining the unity of the rule of law. With the revision and implementation of the Administrative Penalty Law in 2021, China officially established the two-way transfer system of administrative and criminal penalties, completing the institutional transformation from one-way positive transfer to two-way closed-loop connection. Subsequent supporting normative documents have been continuously refined, further consolidating the institutional foundation. However, in the current practical operation, there are still practical problems such as ambiguous substantive recognition standards, numerous procedural connection barriers, insufficient rigidity of supervision and restraint, and weak departmental synergy efficiency, which restrict the full release of the system's value. Based on the core content and normative system of the connection between administrative and criminal law enforcement, this paper sorts out the development context of the system, analyzes the practical bottlenecks and pain points, and proposes targeted improvement countermeasures for standardization, proceduralization and systematization to help build a two-way connection mechanism between administrative and criminal law enforcement that is full-chain, highly efficient and strongly supervised, and to enhance the level of legalization and refinement of social governance.