论行政执法与刑事司法的衔接

On The Connection between Administrative Enforcement and Criminal Justice

在我国的法治进程中,行政执法与刑事司法的衔接是近年来司法实践面临的一个重要问题。两法衔接存在相关衔接规定位阶低、证据转化规定不完善、检察监督不力等问题,不利于两法衔接工作的顺利进行。两法衔接制度的完善,一是要通过出台相关司法解释,对如何使在行政执法中获取的证据材料适用于刑事诉讼等程序性问题,作出细化规定。二是要制定证据转化制度,对在行政执法中搜集的言辞证据一般应重新取证,实物证据则可以在审查后直接适用于刑事诉讼。三是发挥检察监督职能,完善监督体系。

In the process of rule of law in our country,the connection between administrative law enforcement and criminal justice is an important problem in judicial practice in recent years.In practice,there are problems such as the low level of relevant cohesion regulations,imperfect evidence transformation regulations,and weak supervision by prosecutors,which are not conducive to the smooth implementation of the joint work of the two methods.In order to improve the system of connecting the two laws,first,it is necessary to clarify the relevant issues of the transfer procedure of suspected criminal cases,and make detailed provisions on how to apply the evidence materials obtained in administrative enforcement to criminal proceedings through the introduction of relevant judicial explanations.The second is to establish the system of evidence transformation,the verbal evidence collected in administrative law enforcement should be re-evidence,physical evidence can be directly applied to the criminal proceedings after review.Third,by improving the system of prosecution oversight,increase the administrative law enforcement supervision power of prosecution oversight to give full play to the power of procuratorial supervision.