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行政执法与刑事诉讼衔接是我国整顿和规范市场经济秩序、打击行政执法领域经济犯罪的必然选择,实践中行政执法与刑事诉讼衔接受立法不完善、行政自由裁量权滥用、监督不力等因素制约。借鉴国外行政刑罚制度、增设过失未移交刑事案件罪等手段是行政执法与刑事诉讼衔接的根本保证;规制行政执法自由裁量权,加强监督是关键因素;增强行政执法行为的独立性,保证检察机关依法独立行使职权是重要保障;检察机关增强法律监督能力、强化法律监督意识是重要依托。
The connection between administrative law enforcement and criminal procedure is an inevitable choice for our country to rectify and standardize the market economic order and crack down economic crimes in the field of administrative law enforcement. In practice, the link between administrative law enforcement and criminal procedure is restricted by imperfect legislation, abuse of administrative discretion and poor supervision. Drawing on the system of administrative penalty in foreign countries and adding the crime of not transferring criminal cases of negligence are the fundamental guarantees for the connection between administrative law enforcement and criminal procedure. It is the key factor to regulate the discretion of administrative law enforcement and strengthen the supervision; enhance the independence of administrative law enforcement and ensure the procuratorial organs It is an important guarantee that the procuratorate organ should exercise its power independently in accordance with the law. It is an important support for procuratorial organs to enhance their legal supervision ability and to strengthen their awareness of legal supervision.