卫生监督执法与刑事司法衔接浅析

Analysis on the connection between health supervision and law enforcement and criminal justice

卫生监督机构是卫生计生行政部门参与行政执法与刑事司法衔接工作的重要承担者。当前在衔接机制运行中发现立法存在空白、衔接机制不畅、卫生监督体制尚待改革、法律风险控制、行政处罚与刑事处罚竞合等问题,亦引发诸多争议。本文试图从卫生监督在"两法衔接"机制中的法律定位、执法权限、案件移送标准、衔接程序等角度,分析卫生监督执法与刑事司法的衔接机制和路径选择,以实现卫生行政执法与刑事司法的目标协调,有力打击违法犯罪行为。

Health supervision institution is an important undertaker of the health administration department to participate in the work of administrative law enforcement and criminal justice. The problems have been found in the cohesion operating mechanism of health supervision and law enforcement, including the blank in the legislation, con- vergence mechanism being not smooth, the health supervision system reform predicament, legal risk control, admin- istrative punishment and criminal punishment concurrence problems, which also caused a lot of controversy. From the health supervision in the two laws convergence mechanism in the orientation of law, law enforcement authority, the transfer standard, the angle connection procedures, this article attempted to analyzes the health supervision and law enforcement and criminal justice convergence mechanism and path selection, target and the formation of adminis- trative law enforcement and criminal justice in health, to effectively combat crime.