论行政执法与刑事司法的实体衔接

On the Substantial Convergence between Administrative Law Enforcement and Criminal Justice

行政执法与刑事司法的实体衔接以司法权和行政权之间的权力制衡以及行政犯罪的双重违法性为理论基础,内容上主要涉及对行政违法行为是否涉嫌犯罪的判断以及如何对行政处罚与刑事处罚进行衔接。实体衔接作为行政执法与刑事司法衔接的基础,仍然存在着违法行为性质认定困难、行政处罚与刑罚适用衔接困难等问题。因此,需要区分行为违法与犯罪认定的要素、完善行刑衔接的立法模式以及改善行政处罚与刑事处罚衔接的适用方法。

The substantial convergence between administrative law enforcement and criminal justice is based on the theory of power balance between judicial power and administrative power and the double illegality of administrative crime. The content mainly involves the judgment of whether the administrative illegal act is suspected of crime and how to connect administrative punishment and criminal Punishment. As the basis of the connection between administrative law enforcement and criminal justice, substantial convergence still has problems such as difficulty in identifying the nature of illegal acts and difficulty in the application of administrative penalties and penalties. Therefore, it is necessary to improve through integrating the elements of behavioral violation and criminal identification, improving the criminal legislation technology of crimes, and changing the application method of administrative punishment and criminal punishment.