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从我国发展的现状来看,两法衔接的“四多、四少”问题仍然较为突出,其中之一即是移送的一般犯罪多,职务犯罪少。在两法衔接中,传统研究的重点一直放在移送行政违法行为涉嫌犯罪案件,以及检察机关对其监督方面,但是,对行政执法职务犯罪案件的检察监督也应当是检察机关履行检察职能的重要方面。笔者拟以职务犯罪检察为视角,对两法衔接的相关问题进行探讨,以期对理论和实践有所助益。
Judging from the current situation of our country’s development, the issue of “four or fewer and four fewer” convergence between the two laws still stands out. One of them is that there are many general crimes transferred and fewer job crimes. In the convergence of the two laws, the traditional research has been focused on the transfer of suspected criminal cases of administrative illegal acts and the supervision of the procuratorial organs on them. However, procuratorial supervision over the cases of administrative law enforcement duties should also be the important function of procuratorial organs in performing procuratorial functions aspect. I intend to prosecutors as a perspective of job-related crimes, the connection between the two laws to explore issues related to the theory and practice will be helpful.