我国假药案件查处过程中“行刑衔接”问题探讨

Problems in the Linkage Mechanism of Administrative Organizations and Criminal Judicial Authorities When Dealing with Counterfeit Drugs Cases in China

目的分析我国假药案件"行刑衔接"存在的问题,为完善该制度提供建议。方法运用文献研究和数据统计的方法。结果现有制度存在立法不足、药监部门以罚代刑、公安部门处理不及时、信息沟通不畅、联席会议制度不完善等问题。结论应完善相关立法、规范药监部门移送案件行为、完善信息沟通机制、健全联席会议制度,进一步促进我国假药案件查处中"行刑衔接"机制的完善。

Objective To provide some improvement suggestions for the linkage mechanism of administrative organizations and criminal judicial authorities through a theoretical analysis of the current problems. Methods Literature review and data statistical analysis were conducted. Results The present system which focuses more on administrative penalty rather than criminal punishment is facing many problems including inadequate legislation, the low work efficiency of the public security departments, poor communication system, and the imperfect system of joint meeting. Conclusion We suggest that the legislation system should be improved, the case-transmitting behavior should be regulated, the information exchange mechanism should be improved, and the joint conference system should also be improved.