1. The legal basis for transferring criminal cases to administrative cases is mainly the relevant provisions in the Criminal Procedure Law. 2. If the criminal suspect has no criminal facts or one of the circumstances of non-prosecution stipulated by law, the people's procuratorate shall make a decision of non-prosecution. 3. If the circumstances of the crime are minor and it is not necessary to be sentenced or exempted from punishment according to the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute.
Legal objectivity:
People's Republic of China (PRC) Criminal Procedure Law Article 2 The tasks of People's Republic of China (PRC) Criminal Procedure Law are to accurately and timely ascertain the facts of crimes, correctly apply laws, punish criminals, protect innocent people from criminal investigation, educate citizens to consciously abide by laws, actively fight against criminal acts, safeguard the socialist legal system, respect and protect human rights, and protect citizens' personal rights, property rights, democratic rights and other rights. Article 2 of the Administrative Procedure Law of the People's Republic of China * * * Citizens, legal persons or other organizations have the right to bring a lawsuit to the people's court in accordance with this law if they think that the administrative actions of administrative organs and their staff infringe upon their legitimate rights and interests. The administrative acts mentioned in the preceding paragraph include administrative acts made by organizations authorized by laws, regulations and rules.