中国安全生产行政执法与刑事司法衔接机制研究

目前中国惩治危害生产安全犯罪乏力,折射出安全生产行政执法与刑事司法衔接严重不畅的现实。造成如此困境,其中既有行政立法与刑事立法不协调、判定标准不明确、移送程序不健全等客观原因,也有安全监管部门自身素质不过硬、公安机关选择性执法等主观因素。打通中国安全生产行政执法与刑事司法衔接的制度梗阻,较为可行的路径是从实体和程序两大环节共同发力。首先,突破传统的依附型立法模式,明确危害生产安全犯罪及其相应的罪量标准,并在刑法中增设安全生产危险犯;其次,需要制定《安全监管部门移送涉嫌危害生产安全犯罪案件工作规定》,并出台配套的行政执法证据规则;最后,建立安全生产行政执法案件调查与裁决相分离机制以实现自我约束,同时通过完善信息共享机制,强化外部的监督制约。

Study on the Convergence System between Administrative Execution and Criminal Justice of Work Safety

Currently,it''s still weaken that china punishes the crime of hazarding work safety. So it can reflect a reality which doesn''t have a good connection between administrative law enforcement and criminal justice in a whole production procedure. Basically what causes the above is not only the inferior coordination of administrative legislation and criminal legislation,also the inexplicit decision criteria,the poor transfer procedures and any other relevant subjective causes. And also these objective causes of the poor quality of safety supervision departments and the public security organs'' selective law implement can''t be liberated away. To a lager extent,the feasible approaches to killing the institutional blocking that is connection between the administrative enforcement of production safety and criminal justice is bettering both the entity and the procedure. Firstly,we must break through the conventional dependent legislation model,simultaneously emphasizing and perfecting the criteria of hazarding production security and any other relevant about it. And then,we need to issue a proposal that is called Work regulations on criminal cases involving production safety transferred by safety supervision departments,and some revenant administrative enforcement proof rules. Finally,we must establish a mechanism that can make investigations of work safety administrative law implement cases get separated from the adjudication to accomplish self-supervision and self-discipline. And simultaneously bettering the information sharing mechanism to consolidate outer supervision and discipline.