行刑衔接机制中建立公安机关先行介入制度的探讨

Discussion on the Establishment of Public Security Authority Pre-intervention System under the Linking Mechanism between Administrative Enforcement of Law and Criminal Justice

行刑衔接领域是农业综合行政执法和刑事司法实践中的难点之一,近年来国家加强行政执法机关与公安机关的对接,从单向衔接演变成双向衔接,行刑衔接机制愈加完善。在现有行刑衔接机制中,特别是当行政执法机关遇见以行政执法手段无法取得能够证明该案件“涉嫌犯罪事实”时,目前并未有明确的法律法规予以规定和解决。本文以“公安机关应先行介入”为主要论证方向,分析行刑交叉管辖中的立法空白和立案制度缺陷,探讨公安机关在特定情况下的先行介入机制构建的正当性及其路径,得出在行刑衔接中公安机关应当起到积极作用,主动或提前介入案件的结论,探索建立更加完善的行政执法与刑事司法体制,提高执法监督效果,提高执法效率,进一步提高和改善公安机关执法质量和水平。

The linking mechanism between administrative law enforcement and criminal justice is one of the difficulties in agricultural comprehensive administrative law enforcement and criminal justice practices.In recent years,the connection between administrative law enforcement authorities and public security authorities had been strengthened in China,which has evolved from one-way to two-way,and made the linking mechanism more perfect.There have been no any clear laws and regulations to stipulate and solve the problems in current mechanisms,especially when the administrative law enforcement authorities could not obtain the evidences of“suspected criminal facts”by means of administrative law enforcement.In the paper,based on the main demonstration of“public security authority should intervene firstly”,the legislative gaps and defects of case-filing system in the cross-jurisdiction of execution were analyzed,the legitimacy and pathways of the construction of the mechanism of public security authority preintervention under specific circumstances were discussed.It was concluded that public security authorities should play a positive role in the linking between administrative law enforcement and criminal justice,and intervene in a case actively or in advance,so as to establish the more perfect administrative law enforcement and criminal justice system,improve the effect of supervision and efficiency of law enforcement,and further upgrade the quality and level of law enforcement of public security authorities.