论行政执法与刑事执法的衔接

On the Combination of Administrative and Criminal Law-enforcement

当前,随着中央及地方行政、司法机关单独和联合下发的一系列行政规章、准司法规范的相继出台与执行,我国行政执法与刑事执法相衔接的工作制度正逐步建立,并形成合力。但由于多方原因,实践中仍存在以罚代刑现象普遍、行政犯罪规定粗疏、移送缺乏明确的法律程序、证据缺乏对接的有效规则、移送案件的监督缺位、执法人员素质不高等问题。为此,立法机关要从根本上明确案件移送规制,加强监督;行政机关要进一步改革执法体系,建立考评制度;检察机关要完善并创新监督制度,切实发挥监督作用;并全面切实提高执法人员的思想道德素质和执法业务素质。

At present, with the issue and execution of a series of administrative regulations and judicial standards released by central and local administrative and judicial organs, our country ＂s working system of combining administrative and criminal law - enforcement is gradually being established. However, due to a variety of reasons, such problems as taking amercement as punishment, general regulations for administrative crimes, lacking of definite legal procedure in deportation, low quality of law - enforcement offieials,etc, still exist in practice. Therefore, legislature organs should make clear the regulations of ease transfer and strengthen supervision ; administrative organs must further reform law - enforcement system and establish assessment system; procuratorial organs must perfect and innovate the supervision system and bring the supervision into full play;and improve the thinking and morality quality as well as the professional quality of the law- enforcement officials.