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在我国,将违法行为区分为治安违法行为和刑事犯罪行为,并适用两套完全不同的处理程序。这两套处理程序的共性是:在程序主体方面,公安机关均处于主导地位;在调查手段的类型、性质(强制性)上具有较大的相似性。两套程序的差异表现在前者是侦、诉、审三维一体,而后者实行侦、诉、审分离;前者突出行政化、后者强调司法化;前者更具具裁量性、后者更具控权性。
In our country, the illegal acts are divided into law and order violations and criminal offenses, and two completely different procedures are applied. The commonalities of the two sets of procedures are: the public security organs are in the leading position in the procedure main body; they have greater similarities in the types and nature of the investigation means (mandatory). The difference between the two sets of procedures is that the former is a combination of investigation, prosecution and trial, while the latter carries out investigation, prosecution and trial separation. The former emphasizes administration and the latter emphasizes judicialization. The former is more discretionary and the latter more controlled Power.