我国渔业行刑衔接的现实困境与机制重构

The Realistic Dilemma and Mechanism Reconstruction of the Interface Between Execution and Punishment in China’s Fisheries Industry

渔业违法犯罪规制主要有行政处罚和刑事处罚两种手段,行刑衔接直接影响打击渔业违法犯罪行为的成果。渔业行刑衔接制度已在实践中广泛应用,当前的问题主要是立法协同性不足,制度规范难以接轨实践,证据标准与移送程序存在漏洞,协同执法保障不足,造成渔业执法部门与刑事司法部门在具体实践中存在障碍。为突破渔业行刑衔接的现实困境,保证渔业犯罪案件处理结果的有效性、公正性,应在完善渔业基础性法律的前提下,克服部门法褊狭,明晰证据认定标准和移送程序,并建立完善的配套保障制度。

Fishery crime regulation mainly has two means of administrative and criminal penalties,the interface between the execution and the criminal acts directly affect the results of combating fishery crime.The system of convergence between the execution and punishment of fisheries has been widely used in practice.The current problems are mainly the lack of coordination of legislation,the difficulty of institutional norms into practice,the loopholes in evidence standards and transfer procedures,and the lack of cooperative law enforcement guarantee,resulting in obstacles between fisheries law enforcement departments and criminal justice departments in specific practice.In order to break through the practical dilemma of the convergence of fishery enforcement and criminal justice,and ensure the effectiveness and fairness of the results of fishery crime cases,it is necessary to overcome the narrow department law,clarify the procedures of evidence identification and establish a perfect supporting guarantee system on the premise of improving the basic laws of fishery.