食品安全行刑衔接的政策把握与若干重点问题探析

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Analysis on Policy Grasp and Several Key Issues of Connection between Food Safety Administrative Procedure and Criminal Procedure

Ll Chunlei /People's Public Security University of China

Abstract

Currently，the smoothness of connection between administrative law enforcement and criminal justice in food safety in our country needs to be improved，and there are stil many“blocking points”and “confusing points”in law enforcement and judicial practice.Therefore，in law enforcement case handling，on the basis of coordinating and considering relevant policies such as“the four strictest”and “optimizing the business environment”，itis necessary to further atach importance to the comprehensive research and judgment of“formalillegality”and“substantial harm”，enhance the“legal consensus”in the connection between administrative lawenforcement and criminaljustice，promote the“wo-way connection” of positive and reverse directions，clarify the concept that“administrativeillegality”does notequal“criminalillegality”，and strengthen theadministrative lawenforcement and criminaljustice coordination and both interaland extemal consideration of administrative determination opinions.At the same time，attention shal be paid to the“comprehensive and overlapping”issue in the investigation and handing offood cases and the issue of handling the relationship between the Law ofthe People's Republic of China on Administrative Punishments and the preliminary law，so as to promote a smoother connection betweenadministrative law enforcement and criminaljusticein food safety.

Keywords

food safety，law enforcementand case handling，connection betweenadministrativeprocedureand criminal procedure

0 引言

经过多年治理，我国食品安全形势总体向好。（剩余6886字）