The connection between administrative law enforcement and criminal justice is related to law-based administration and fair administration of justice, as well as to maintaining economic and social order and protecting the vital interests of the people. In recent years, especially since the implementation of the "Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Agencies", relevant departments in various regions have established and improved working mechanisms to connect administrative law enforcement and criminal justice. Administrative law enforcement agencies have intensified their efforts to transfer suspected criminal cases. A large number of criminal acts that endanger the socialist market economic order and social management order have been subject to criminal sanctions, effectively curbing illegal and criminal activities. However, we should also note that in some areas of administrative law enforcement, problems such as difficulty in finalizing cases, difficulty in transferring cases, and the substitution of fines for punishment are still prominent. In order to strengthen the connection between administrative law enforcement and criminal justice, the following opinions are hereby put forward.
Strictly perform statutory duties
(1) Administrative law enforcement agencies and public security agencies shall strictly perform their duties in accordance with the law, and suspected criminal cases shall be transferred, accepted and filed.
(2) If the administrative law enforcement agency discovers an illegal act that is obviously suspected of being a crime during a law enforcement inspection, it shall promptly notify the public security agency. After receiving the notice, the public security organ shall immediately send personnel to conduct an investigation and make a decision on whether to file a case in accordance with the law. After the public security organ files a case, if it requests the administrative law enforcement agency to assist in inspection, identification, and identification in accordance with the law, the administrative law enforcement agency shall provide assistance (tax assessment: It is not clear whether the inspection, identification, and identification will be conducted directly by the administrative agency or entrusted to a professional agency. The relevant higher-level laws have been It is stipulated that administrative agencies do not have direct power of appraisal and identification, and can only entrust qualified professional institutions to conduct inspection and identification).
(3) When the administrative law enforcement agency transfers a suspected criminal case to the public security agency, it shall hand over all case materials and at the same time send a copy of the case transfer letter and a catalog of relevant materials to the People's Procuratorate. If the administrative law enforcement agency has made an administrative penalty decision when transferring the case, it shall send a copy of the administrative penalty decision to the public security organ and the People's Procuratorate; if the administrative penalty decision has not been made, in principle, the public security organ shall decide not to file the case or cancel the case, and the People's Procuratorate shall After deciding not to prosecute and the people's court renders a verdict of not guilty or exempt from criminal punishment, it will decide whether to impose administrative penalties.
(4) The public security organs shall accept suspected criminal cases transferred by administrative law enforcement agencies in writing. After accepting the case, if it is considered that it does not fall under the jurisdiction of this agency, it should be transferred to the agency with jurisdiction in a timely manner, and the administrative law enforcement agency that transferred the case should be informed in writing, and a copy should be sent to the People's Procuratorate. The public security organs shall promptly review the accepted cases, make a decision on whether to file the case in accordance with the law, notify the administrative law enforcement agency in writing, and send a copy to the People's Procuratorate. If the public security organ decides to withdraw the case after filing it, it shall notify the administrative law enforcement agency in writing and send a copy to the People's Procuratorate. If the public security organ decides not to file a case or accept the case, it shall return the case file to the administrative law enforcement agency, which shall handle the case.
(5) If the People’s Procuratorate considers that an administrative penalty should be imposed on a case in which it has decided not to prosecute or the People’s Court has acquitted or exempted from criminal punishment, it shall make procuratorial suggestions or judicial suggestions and transfer them to the relevant administrative law enforcement Agency processing.
(6) When the administrative law enforcement agencies investigate and deal with illegal acts, and the public security agencies review and investigate suspected criminal cases transferred by the administrative law enforcement agencies, they shall promptly transfer them to the supervisory agencies or the People's Procuratorate according to the nature of the case. Supervisory agencies and people's procuratorates should carefully examine clues to disciplinary violations or job-related crimes that are promptly transferred by administrative law enforcement agencies and public security agencies, handle them in accordance with disciplines and law, and promptly notify administrative law enforcement agencies of the handling results in writing.
(7) If the administrative law enforcement agency discovers clues to crimes endangering national security during the investigation and handling of illegal acts and should transfer them to the national security agency in accordance with the law, refer to the "Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Agencies" and this opinion implement.
Improve the connection working mechanism
Legal basis
Please fill in the legal basis here. The "Regulations of the Supreme People's Procuratorate on Promoting the Connection between Administrative Law Enforcement and Criminal Justice" clearly stipulates Material requirements and standards for public security organs to accept cases, standardize the procedures for public security organs to accept cases, and solve problems such as cases that are not accepted or cases that are not established; it is clearly stipulated that if the case transfer materials are found to be incomplete, supplementary investigations can be invited to give full play to administrative law enforcement The investigation advantages of the agency can be improved to improve the efficiency of case filing and review; it is clearly stipulated that the public security agency should promptly report work opinions and suggestions to the administrative law enforcement agencies and the People's Procuratorate to further smoothen the working mechanism and promote cross-department cooperation.
At the same time, the Ministry of Public Security will work with relevant departments such as market supervision, food and drug supervision, ecological environment, intellectual property rights, human resources and social security to further improve the connection system between administrative law enforcement and criminal justice in key areas of law enforcement, and promote local public security organs to work together with relevant administrative law enforcement agencies , to solve the problems that restrict and trouble the effective implementation of the connection work such as the storage, inspection and identification of items involved in the case.