我国刑事立法大量规定了行政犯,由于行政犯较为疑难复杂,侦查机关、检察机关和审判机关对案件定性经常出现认识分歧。特别是侦查机关自行发现后立案侦查的案件,如果公检法三机关在定性上出现重大认识分歧,有的地方侦查机关、司法机关往往要求行政执法、行政管理、行业监管部门等相关行政机关出具行政认定意见,否则不予立案、批捕、起诉或者作出有罪判决。笔者拟从分析内幕交 Due to the more complicated and complicated administrative offenders, there are many disagreements on the nature of the case by the investigating authorities, procuratorial organs and judicial authorities. In particular, if the public prosecutor’s office or the public security office fails to recognize the case and files for investigation after the case was discovered by the investigating organ itself, if there are significant differences in understanding on the qualitative level between the public security and the public prosecutor’s office, some local investigating authorities and judicial organs often require the relevant administrative authorities such as the administrative law enforcement department, the administrative department and the industrial regulatory department to issue administrative decisions Opinions, otherwise not to file a case, arrest, prosecute or make a guilty verdict. I intend to analyze the insider from the transaction