论人民检察院对行政处罚权的刑事法律监督

人民检察院通过对职务犯罪行使侦查权实现对行政权的监督是我国行政法学和检察学的传统理论。现实中行政处罚以罚代刑,不移送涉嫌犯罪案件等违反刑事法律问题普遍存在,行政执法与刑事司法衔接机制存在局限性。应对传统理论进行反思,确立人民检察院在行政处罚程序中的刑事法律监督地位,设置相应的检察监督机制,以有效地预防职务犯罪和惩治经济犯罪。

On the Criminal Law Supervision of People''s Procuratorate over Administrative Punishment Power

It's the traditional theory in our country' s administrative law and procuratorial science that People' s Procuratorate supervises the administrative right by exercising investigative power on duty crimes.But there widely exists practices which are against the criminal law,such as replacing penalty by administrative punishment or refusing to transfer the suspects.The limitation of connection between administrative law enforcement and criminal justice forces us to reconsider this traditional theory.It' s very important for People' s Procuratorate,the main subject of administrative supervision,to play a role in criminal law supervision in the administrative punishment procedure, and to set corresponding procuratorial supervision system so as to prevent duty crimes and prosecute economic crimes effectively.