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行政执法与刑事司法的衔接机制经历了单一环节的衔接和全面衔接两个发展阶段,但目前面临无法可依的困境。各地采用联合发文的形式为其提供依据,但这种形式存在固有缺陷。通过《人民检察院组织法》的修改,将行政执法活动纳入到人民检察院法律监督的范围以内,成为当前继续推进行政执法与刑事司法衔接机制的关键所在。
The connection mechanism between administrative law enforcement and criminal justice has experienced two stages of development, that is, a single link and an all-round connection, but it is currently facing an unpredictable predicament. Jointly issued by the various forms to provide its basis, but this form has inherent shortcomings. Through the revision of the Organic Law of the People’s Procuratorate, the incorporation of administrative law enforcement activities into the scope of legal supervision by people’s procuratorates has become the key to continuing the promotion of the linkage mechanism between administrative law enforcement and criminal justice.