公安机关双重行为与行政诉讼浅析

A Discussion about the Dual Act of Public Security Organ and the Executive Lawsuit

公安机关具有的刑事司法和行政管理双重行为互相联系、互有区别。司法实践中公安机关的被诉行为存在着严重的形式和内容的分离,这有规避行政诉讼和介入经济纠纷两种情况。准确界定这两种行为,对实现行政诉讼和功能,维护和监督公安机关依法行政,保障其准确及时地行使刑事司法权,打击犯罪,具有重要意义。

The dual act of the criminal justice and executive administration of the public security organ are mutually linked but are different from each other. In the practice of justice, when public security is sued, the form and content are totally separated, in which there are the elusion of executive suit and financial dispute involvement. Accurately defining the two acts is very significant to realize the function of executive suit, maintain and supervise public security to execute according to law, ensure it to execute criminal justice right correctly and in time, and strike crimes.