“扫黑除恶”行政执法与刑事司法衔接问题研究

Research on the Connection between Administrative Law Enforcement and Criminal Justice In"Sweeping criminals and evils"Struggle

“扫黑除恶”斗争中行政执法与刑事司法的良好衔接,能够保障对黑恶势力团伙打击的全面性和有效性。相较于传统行政执法和刑事司法衔接机制,“扫黑除恶”斗争中行政执法与刑事司法衔接虽然具有机构和人员上的优势,却掣肘于效率低下和法律依据不足。社区警务反恐模式与“扫黑除恶”斗争中行政执法和刑事司法有着高度的契合性,在借鉴社区警务反恐模式基础上,可通过氛围营造、综合治理、规范建设和强化监督等层面来解决“扫黑除恶”行政执法与刑事司法的衔接性问题。

A good connection between administrative law enforcement and criminal justice in the struggle of "sweeping criminals and evils" can guarantee the comprehensiveness and effectiveness of cracking down on criminal groups. Compared with the traditional linkage mechanism of administrative law enforcement and criminal justice, the linkage between administrative law enforcement and criminal justice in the fight against "black and evil" has advantages in terms of institutions and personnel, but it is constrained by low efficiency and insufficient legal basis. Community policing model on terror and "sweeping criminals and evils" battle of administrative law enforcement and criminal justice are highly fit. On the basis of drawing lessons from the anti-terrorism model of community policing, the connection between administrative law enforcement and criminal justice of "sweeping criminals and evils" can be solved through atmosphere creation, comprehensive treatment, standardized construction and strengthened supervision.