徇私舞弊不移交刑事案件罪若干问题探究

对徇私舞弊不移交刑事案件罪的若干问题进行探讨:关于"行政执法人员"的范围,主张"职权享有论",行政执法人员是指享有和行使行政职权的人员;关于"依法应当移交"的理解,应区分"依法移交"与"应当移交";同一违法行为引起的行政处罚与刑事处罚应合并适用,在程序适用上应坚持刑事优先原则,行政执法机关移交刑事案件前不应先予作出行政处罚.

On Several Problems in the Crime of Irregularities for Favoritism Non-transferring Criminal Cases

The article studied several problems in the crime of irregularities for favoritism non-transferring criminal cases:in relation to the scope of "administrative law enforcements officials",we put forward the theory of "holding authority",administrative law enforcements officials should be the people who hold and exercise administrative authority;in relation to the comprehension of "should be transferred in accordance with law",we should distinguish "transferred according to law" and "should have transferred ";administrative punishment and penalty caused by one illegal activity should be combined,we should insist the principle of the prior application of penalty in the procedure application,the execuitive organs shouldn't give administrative punishment before transferring criminal cases.