Abstract:Decriminalization has always existed in law enforcement, which is mostly opposed in the academic community. To some extent, administrative decriminalization has its rationality. The allocation law of the “litigation process” of decriminalization and the prior jurisdiction of the administrative law enforcement agencies jointly build the legitimate basis of decriminalization. In view of the jurisdiction conflict of administrative decriminalization cases, the corresponding settlement rules should be established according to the different subjects of the conflict. The premise of decriminalization is that the act constitutes a crime. As for the proof of the suspected crimes in the administrative procedure of decriminalization, the administrative agencies and the counterpart should take the responsibility for attesting according to the subjective and objective illegal facts. At the same time, in order to control the decriminalization power of administrative law enforcement agencies, a scientific hearing system, collective decision mechanism and a request and reporting system should be set up to strengthen their internal control. When the joint crime cases are dealt with separately, the administrative decriminalization case should maintain consistent with “other cases” in facts and legal punishment.