Administrative law enforcement agencies transferring suspected criminal cases involving the determination of criminal charges

Author: Wu Xiaochen
Publisher:
Publish Date: 2003-10-01
Features: Administrative enforcement is a crucial means of transforming the value goals established by administrative legislation and the social order it seeks to establish from a static to a real state. Administrative enforcement inevitably involves the punishment of administrative violations. When administrative violations reach a certain extent, they evolve into crimes that disrupt the socio-economic order. During the process of administrative enforcement, the distinction between violations and crimes is inevitable, which further involves the timely and accurate transfer of individuals who endanger social order and require criminal punishment to judicial authorities for investigation and prosecution. Accurately identifying administrative violations and criminal acts in administrative enforcement is an essential issue that must be addressed. Only by accurately determining the boundary between administrative violations and crimes can administrative penalty measures be properly applied to punish violations as necessary, thereby regulating the behavior of administrative enforcement subjects, promoting the sound operation of society, and achieving economic prosperity. If the line between administrative violations and criminal offenses is not clearly drawn, treating crimes that violate criminal law as mere violations not only allows real offenders to escape criminal sanctions but also creates a mindset of resistance to administrative sanctions among those who commit violations of administrative and economic regulations, thereby reducing the effectiveness of administrative penalties in regulating social order and punishing general violations. Therefore, administrative law enforcement personnel should clearly understand the boundary between possible violations and related crimes they may encounter during enforcement, promptly impose administrative sanctions on those who truly commit violations, and timely transfer individuals who commit crimes that violate criminal law to relevant judicial authorities. To assist departments such as industry and commerce, taxation, customs, cultural management, and environmental protection in accurately identifying relevant crimes during administrative enforcement, this book elaborates on the crimes that administrative enforcement agencies may encounter in administrative enforcement, categorized by the nature of the administrative enforcement agency. It also summarizes multiple crimes that a specific enforcement agency may encounter and appends the relevant laws and regulations involved in identifying crimes to each type, enabling accurate differentiation between general violations and crimes in practical enforcement. The description of each crime includes its constitutive characteristics, the distinction between this crime and general violations as well as other related crimes, to facilitate its use by law enforcement personnel in administrative enforcement. The writing of this book focuses on practical enforcement, grounded in the basic theory of criminal law, aiming to provide a guide for administrative law enforcement departments such as industry and commerce, customs, taxation, environmental protection, and cultural management to identify violations and criminal offenses during administrative enforcement. At the same time, it elaborates on the basic constitutive characteristics of relevant crimes and the boundaries between crimes and non-crimes, as well as between this crime and that crime, based on the basic principles of criminal law, striving to benefit the research and teaching of specific crimes in the criminal code.