食药监管“两法衔接”中检察机关提前介入问题探析

Procuratorates’ Early Intervention in "Connection between Administrative Enforcement and Criminal Justice" in Supervision on Food and Drug

在食品药品安全监管的"两法衔接"工作过程中,检察机关提前介入,有助于引导行政机关准确全面取证,使后续案件侦查和移送起诉的衔接更加顺畅,也有助于优化"两法衔接"的工作流程,有利于提高"两法衔接"的工作效率。但现行检察监督提前介入制度中还存在行政机关的调查权未予明确、调查手段欠缺、检察监督的独立性不够、检察监督的强制性不够、缺乏高效的信息共享机制等问题。应当通过立法提升检察监督强制力,保障检察机关独立行使法律监督权,建立案件信息共享平台、联席会议制度和通报备案制度,推行派驻检察官制度,促进检察监督权的有效行使等完善食药监管"两法衔接"中检察机关提前介入制度。

In the work of "connection between administrative enforcement and criminal justice" in supervision on food and drug, the procuratorates’ early intervention can guide administrative organs to accurately and comprehensively obtain evidence, thus ensuring smoother connection between subsequent case investigations and transfer to procuratorates for prosecution, as well as helping optimize the working process in "connection between administrative enforcement and criminal justice" and improve the work efficiency. However, current system of early intervention by procuratorial supervision still have some problems, such as undefined investigation authority of administrative organs, scarce investigation methods, insufficient independence and compulsory nature of the procuratorial supervision and the lack of an efficient information sharing mechanism. In order to improve the system for the procuratorates’ early intervention in " connection between administrative enforcement and criminal justice" in supervision on food and drug, it is imperative to enhance the coercive force of procuratorial supervision by legislation, ensure procuratorates’ independent exercise of their legal supervision power, establish platforms for case information sharing, joint meeting system and notification filing system, as well as implement a system of accredited prosecutor and promote the effective exercise of procuratorial supervision.