行政执法与刑事司法衔接中的检察法律监督

On the Legal Supervision on the Convergence Mechanism of Administrative Enforcement of Law with Criminal Enforcement of Law

行政执法与刑事司法衔接机制的建立,旨在解决行政执法机关对涉嫌犯罪的案件不向公安司法机关移送的问题。然而,由于法律依据位阶低、信息渠道不畅通等原因,特别是检察机关无法对行政执法机关"不移送"情形实施法律监督,影响了衔接机制的顺畅运行。因此,要突破检察机关在衔接机制中履行法律监督的法理障碍,对行政刑罚进行重构,将行政执法机关向公安机关移送案件的活动纳入刑事诉讼程序,并实现行政执法中获取的证据与刑事证据间的衔接和转化。

The establishment of the connective system of administrative enforcement of law with criminal enforcement of law is to solve the problem that administrative cases against the alleged crime are not transferred to the public security and judicial organs. However, because law evidence ranks are low and information channels are not clear especially procuratorial organs cannot supervise the enforcement of the law on that problem mentioned above, Convergence mechanism cannot carry out smoothly. So to overcome this obstacle and reconstruct administrative penalties, the activity that administrative organs for law en- forcement transfer the relevant cases to the public security and judicial organs should be included into the criminal procedure and the convergence enforcement of law and criminal enforcement and transformation of the evidence between administrative of law should be achieved.