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完善行政执法与刑事司法衔接机制,既是依法行政、公正司法和确保法律实施取得良好效果的客观需要,又是在行政权和司法权之间建立制约与平衡机制的客观需要,也是加快建设社会主义和谐社会、法治中国的客观需要,还是增强统治合法性的必要举措。当前两法衔接工作不能适应现实需要,存在行政执法主体不明、现有机制欠缺可操作性、外部知情权和监督权落实难等问题。故应当合理界定行政执法主体,合理规定衔接的案件范围和程序,做好证据收集和转化工作,以完善两法衔接机制。其中,行政执法证据必须符合“三性”要求,才能转化为刑事诉讼证据,并且转化后也应适用非法证据排除规则。
To perfect the mechanism of linkage between administrative law enforcement and criminal justice is not only the objective need of lawful administration and just administration of justice but also the good effect of ensuring the implementation of the law. It is also an objective need to establish a mechanism of checks and balances between the executive power and judicial power, as well as speeding up the building of socialism The objective needs of a harmonious society and the rule of law in China are also necessary measures to enhance the legitimacy of the rule. The current convergence of the two methods can not meet the actual needs of the existence of the main body of administrative law enforcement is unknown, the existing mechanism is lack of maneuverability, external access to information and supervision of the implementation of the difficult issues. Therefore, the main body of administrative law enforcement should be reasonably defined, the scope and procedures of the connected cases should be reasonably stipulated, and evidence collection and transformation should be done so as to perfect the convergence mechanism between the two laws. Among them, the evidence of administrative law enforcement must meet the “three nature” requirements, can be transformed into evidence of criminal proceedings, and should be applied after the rule of exclusion of illegal evidence.