食品安全行政执法与刑事司法衔接机制研究

目前,食品安全违法犯罪问题高发频发,食品安全形势严峻复杂。食品安全关乎公众的生命和健康,食品安全问题是政府关注的重大社会问题。本文针对食品安全行政执法与刑事司法衔接存在的犯罪发现难、案件移送难、风险识别难及法律适用难的现实问题,提出违法与犯罪的二元化立法体制、相关犯罪认定标准不统一、刑事侦查权启动难及证据固定转化难是导致食品安全行政执法与刑事司法衔接不畅的原因,并提出关于完善两者衔接机制的建议。

An Improved Mechansim for Transition from Administrative Law Enforcement on Food Safety Supervision to Criminal Justice

Food safety crimes frequently occur nowadays, and the current situation of food safety is grim and complicated. Food safety is a matter of life and health of the public and also a major social problem of governmental concern. In view of the actual problems existing during the transition of administrative law enforcement on food safety supervision to criminal justice such as difficulties in finding food safety crimes and transferring them to judicial organs, identifying potential risks and legal application, we point out that dual legislative system on law violations and crimes, non-unified standards for the recognition of food safety offenses, and difficulties in launching criminal investigation and in evidence fixation and transformation are the causes of the unsmooth transition from administrative law enforcement on food safety supervision to criminal justice. Moreover, we propose some suggestions for improving the current mechanism for the transition from administrative law enforcement on food safety supervision to criminal justice.