食品安全执法证据标准的构建思路——基于行政执法与刑事诉讼证据衔接的思路

Thoughts on Constructing the Evidence Standard for Law Enforcement about Food Safety——From Perspective of the Evidence Connection between Administrative Law Enforcement and Criminal Litigation

目前我国食品安全事件频发,危及广大民众的健康和生命安全。我国在解决食品安全问题的过程中,较为突出的一个问题是:食品安全的执法证据标准比较模糊,给司法实践带来了极大的困扰。在很多情况下,由于食品安全案件会涉及行政程序与刑事程序的转化,而证据是程序的灵魂,程序的转化必然伴随着证据的转化。因此本文基于行政执法与刑事诉讼证据衔接的思路,来探讨食品安全执法证据标准的构建,以期对促进行政执法与刑事诉讼证据的转化,加强食品安全案件的行政执法和刑事司法的有效衔接,实现食品安全案件在行政执法机关与公安机关之间的高效高质移送和对案件的准确处理能有所帮助。

At present, China's food safety incidents occur frequently, which endangers the health and life safety of the general public. One prominent problem in solving it is that the evidence standard for food safety in law enforcement is vague, which has brought great troubles to the judicial practice. Food safety cases often involve in the transformation between administrative procedure and criminal procedure, which must be accompanied by the transformation of evidence since evidence is the soul of the procedure. Therefore,based on the evidence connection between administrative law enforcement and criminal litigation, the paper tried to construct the evidence standard for food safety in law enforcement, in order to promote the evidence transformation between administrative procedure and criminal procedure, making effective connection of food safety cases between administrative law enforcement and criminal justice, helping food safety cases transferred between the administrative law enforcement and the public security organs with high quality and efficiency and ensuring the accurate dealing with cases.