Research On The Connection Between Administrative Law Enforcement And Criminal Justice In The Field Of Food Safety

The connection of execution and punishment refers to the system and mechanism that the administrative organ transfers the suspected criminal cases found in the process of law enforcement to the judicial organ,and the judicial organ judges the nature of the cases and decides the final subject of law enforcement.The connection of execution in the field of food safety mainly refers to the working mechanism of two-way transfer of food safety administrative crime cases between relevant administrative law enforcement organs and judicial organs such as public security,procuratorate and court.The connection mechanism of execution is determined by the current law enforcement system of our country;the connection of execution has the characteristics of multiple participants and two-way case transfer.The connection between administrative law enforcement and criminal justice is supported by the theory of prohibition of double danger and the theory of limited criminal priority principle.In the process of pursuing responsibility of criminal cases transferred to justice by administrative organs,administrative organs should and must investigate the administrative responsibility of relevant responsible subjects.In the same case,they should flexibly grasp the principle of"criminal priority",and make clear that different penalties can be applied separately and not concurrently.Contrary to the basic principles.In terms of execution linkage,some national legislation and normative documents have been issued,including local laws and regulations in Henan Province,so as to set up the working ideas and basic mechanism framework for the connection of travel and punishment.Food and drug supervision and administration departments,public security organs,people’s courts and supervision agencies also have relevant authorities and responsibilities in the operation of execution linkage mechanism.In the practice of administrative law enforcement cases transferred to criminal justice in the field of food safety,although the public security organ has established a cooperation mechanism with the food and drug regulatory authorities,it is still common that there are cases that are not moved and there are cases that are difficult to move.According to the investigation report data of case transfer and front-line law enforcement personnel in Henan Province,there are some problems in the legislation of execution connection in the field of food safety:(1)the administrative responsibility and criminal responsibility are not properly coordinated in the legislative charges;(2)the normative document level of execution connection is low;(3)the operational and procedural rules of case transfer system are not clear;(4)the evidence connection There are some problems in judicial practice:(1)the rate of cases transferred from administrative organs to criminal judicial organs is low,and the rate of successful cases filed by judicial organs is low;(2)the cases are not transferred in time,which delays the opportunity of handling cases;(3)the phenomenon of "cases are not moved,and punishment is substituted for punishment" is serious;(4)the transformation of "evidence" is not smooth after transfer;(5)the implementation of the system of linking execution and punishment The supervision mechanism is not in place.(1)the repetition and conflict of legislative provisions make it difficult to enforce the law;(2)the internal driving force of case transfer is insufficient;(3)the external driving force of case transfer is insufficient;(4)the willingness to accept the case transferred by the administrative organ is insufficient;(5)the case transfer lacks supervision;(6)the police force is insufficient and the professional level is insufficient;(7)the quality of administrative law enforcement personnel is difficult to meet the requirements of execution connection.The main reasons for the above problems are as follows:(1)the connection mechanism of execution is not perfect;(2)the game of"interest" is complex,and the connection is not smooth due to the conflict of "interest";and(3)the institutional reform brings management malpractice,and the supervision objects,punishment procedures and other aspects of the original food and drug administration,the industry and commerce administration,the quality supervision administration and other departments are relatively large After the integration,the loss of personnel is serious,the administrative function of food and drug administration has been seriously weakened,which indirectly aggravates the connection of execution.In view of the problems existing in the connection of execution in the field of food safety,we should first improve the relevant legislation,including:(1)improving the connection between the objective aspects of illegal administrative acts and the criminal charges;(2)unifying the relevant expression and recognition standards of administrative law enforcement and criminal justice;(3)setting up the procedures and rules of the preliminary trial of administration;(4)clarifying the rules of evidence transfer;(5)other cases transfer Suggestions for improving the system.Secondly,it is suggested to establish a"drug police" mechanism,and establish the special reconnaissance agency in the food and drug supervision system in the way of reorganizing the Inspection Bureau by drawing lessons from the practice of OCI in the United States.Thirdly,it is suggested to improve the accountability mechanism.Finally,it is suggested to improve the supervision mechanism:(1)change the focus of post supervision into pre supervision,process supervision and post supervision;(2)establish the filing system of administrative law enforcement;(3)make good use of information sharing platform.