对规范行政执法的思考——兼谈行政执法与刑事执法的衔接

Thoughts on Normalized Administration Enforcement of Laws

规范行政执法,应从广义理解,其既包括行政机关依法作出的行政行为必须具备胜诉的三个条件,即能够经得住法院的评判,最终被认定为行为合法;又包括行政机关在行政执法过程发现有刑事犯罪嫌疑,依法将案件移送公安、检察机关。但专家、学者的目光多聚焦在前者,鲜有对后者进行详细考察论证的,而后者在实践中又存在诸多问题,因此,有必要对这一问题进行研究,找出原因,以真正实现依法行政。

Normalization of administration enforce ment of the law, should be comprehended from the broad sense, since it includes the administration organization made by law, the administration behavior have must three conditions to win in lawsuits, have to live through the adjudicate of court, and to be affirmed for the behavior legality; Besides, it also includes the administration organization to enfore the law in the administration process detection contain the criminal offense suspicion, moving the case to the public security official, the procuratorate organization by law. But the vision of the expert, scholars with focus more on the former, rarely carry on the detailed investigation argument to the latter, but the latter exists many problems in the fulfillment, therefore, there is necessity to carryon the research to this problem, find out the reasons, prescribe medicine for specific ailment to finally realize implementation of the administration by law.