行政机关参与两法衔接的功能定位

Administrative Organs Participate in the Functional Positioning of the Connection between the Two Laws

在“两法衔接”机制中,行政机关扮演着重要角色,但在现行法律体系中,对于行政执法机关移送涉嫌犯罪活动,相关法律法规规定极其笼统,包含详细规定的法律法规或几个部门联合发布的各种“意见”等的规定位阶又不够高。这种“立法”层面“矛盾”的存在,是导致种种规定之间难以交融,法制不和谐、不统一现象的根本原因,着重探究行政机关参与“两法衔接”工作的现实状况,将有利于实现行政机关在“两法衔接”中的价值,履行行政机关在“两法衔接”中的职能,为依法治国战略目标早日全部实现打下坚实基础。

In “connection between the two laws” mechanism, the administrative organ plays an important role, but in the current law system, related laws and regulations is very general for the administrative law enforcement authority to suspicion of criminal activity. The level of regulations with detailed rules and of "opinions"jointly issued by several departments is not high enough. The existence of “contradiction” from “legislation” level is the root cause of the incompatibility of various regulations and the disharmony and non-unity of the legal system. Focusing on the actual situation of administrative organs’ participation in the “connection between the two laws”, it will be conducive to realize the value of the administrative organ in “connection between the two laws”, to perform the function of the administrative organ and lay a solid foundation for the early realization of the strategic goal of the rule of law.