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目的探讨在药监执法实际操作中,行刑衔接机制有效运转所遇到的问题,分析移送中存在的问题及原因,进而找出解决问题的办法。方法对行刑衔接机制进行分析,并结合北京市朝阳区移送涉药犯罪案件办理情况进行调查研究。结果发现在目前的行刑衔接工作中,存在行政执法与刑事执法衔接的工作机制不完善;涉案物品移交难;刑事责任追诉标准的不确定性强等问题。结论在行刑衔接工作中,需要建立统一、明确的刑事案件移送标准;建立畅通的联席会议制度;扩大“信息共享平台”范围;及时明确移交涉案物品的操作细则;完善监督约束机制。
Objective To explore the problems encountered in the effective operation of the system of execution and execution in the actual operation of drug supervision law enforcement, analyze the existing problems and their causes in the transfer, and find out the solutions to the problems. Methods Analyze the linking mechanism between execution and punishment, and investigate the case handling of transferring drug-related crimes in Chaoyang District, Beijing. The results show that in the current execution of execution, there are some problems such as the imperfect working mechanism between administrative law enforcement and criminal law enforcement; the difficulty of transfer of the involved goods; and the uncertainty of the standard of criminal prosecution. Conclusion In connection with the execution of sentences, it is necessary to establish a uniform and clear standard for the transfer of criminal cases; to establish a smooth joint conference system; to expand the scope of the “information sharing platform”; to timely and clearly state the operational details of the transfer of the involved items; and to improve the supervision and restraint mechanism.