"治罪与治理"协同视域下我国食品安全行刑衔接机制深化与探索OA

In the operation of the linkage mechanism between administrative law enforcement and criminal justice for food safety in China,significant deficiencies are evident in both the legal basis and impetus for case transfers.These shortcomings manifest in the"forward linkage"from administrative agencies to judicial organs and in the"reverse linkage"from judicial organs to administrative agencies.These challenges are associated with institutionalized dualism,stem from cognitive disparities in governance philosophies among diverse stakeholders,and more importantly,have a direct bearing on the characteristics of food safety violations.Accordingly,in view of the characteristics of food safety violations and crimes,a linkage mechanism between administrative law enforcement and criminal justice for food safety should be constructed from the integrated perspective of punishment and governance.The linkage mechanism,underpinned by aligned objectives,coordinated entities,and synergistic sanctions,can be achieved by refining case transfer protocols,restructuring information sharing systems,and empowering collaboration between supervisory and prosecutorial authorities within the existing institutional framework.