行政执法与刑事司法衔接问题实证研究

An Empirical Research into the Connection of Administrative Law Enforcement with Criminal Justice

我国对行政执法与刑事司法衔接机制作了一些规定,为涉嫌犯罪的案件及时脱离行政执法程序进入刑事司法程序提供了法规依据。但通过调研发现,法规建立起来的行政执法与刑事司法衔接机制在实践中未能完全发挥作用,行政执法部门移送案件逐年下降,行政执法不同部门以及相同部门在不同地区移送案件不平衡,以罚代刑还相当严重。除了执法上的认识误区和体制上的问题外,还与有些规定不具有可操作性与不具有执行性有关。完善衔接机制需借助于科学、合理的程序架构,在更新观念的基础上对有关规定进行修改。

Some regulations have been made in China in terms of the mechanism of the connection of administrative enforcement of law with criminal justice to the effect that potential cases of crime can timely be put into the orbit of criminal justice out of the procedure for administrative enforcement of law. According to actual investigations, the regulation-based mechanism of the connection of administrrative enforcement of law with criminal justice has not been brought into full play in practice in that the cases delivered by administrativc organs of law enforcement are decreasing year by year, and that the cases delivered by different administrative organs of law enforcement in a province or by the same administrative organ of law enforcement in different districts of the province are imhalanced owing to the universally practiced substitution of fines for criminal punishment. All this is caused by the inoperability of ,certain regulations, apart from the cognitive misconception in law enforcement and certain problems involving the mechanism. The consummation of the mechanism of the connection of administrative enforcement of law with criminal justice needs to resort to a scientific and rational procedural framework and revise relevant regulations on the basis of renewing ideology.