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一个具体行政违法行为在既符合行政法规中的“构成犯罪的,依法追究刑事责任”之规定,又符合刑事法律所规定的犯罪构成时,由行政执法机关将案件移交司法机关追究刑事责任,既涉及适用法律的严肃性、准确性,又涉及行政执法与刑事司法的衔接。深入研究和协调解决这一衔接问题,充分发挥检察机关在行政执法与刑事司法衔接工作中的法律监督职能,是法律适用中十分重要的问题。
When a specific administrative illegal act meets the provisions of “constituting a crime and pursuing criminal liability according to law” in administrative regulations, and also complying with the criminal constitution stipulated by the criminal law, the administrative law enforcement organ shall transfer the case to the judicial organ for investigation of criminal responsibility , Not only involves the seriousness and accuracy of the applicable law, but also involves the connection between administrative law enforcement and criminal justice. Studying and coordinating the issue of cohesion and giving full play to the legal supervision function of procuratorial organs in the connection between administrative law enforcement and criminal justice is a very important issue in the application of law.