Analysis of the Scope of Application of the Mechanism for the Reverse Connection of Administrative Enforcement and Criminal Justice in the Context of Misdemeanor Governance

轻罪治理背景下行刑反向衔接机制的适用范围探讨

As the most important non-criminal bridging measure in the context of misdemeanor governance, the mechanism for the reverse connection of administrative enforcement and criminal justice can fill the gap after misdemeanor crimes are committed, helping to form a diversified social risk governance system. Adopting literature review and normative analysis methods, this study found that due to the defects in the existing normative system for the convergence of administrative law enforcement and criminal justice, the reverse convergence of administrative enforcement and criminal justice in practical operation revealed problems such as ambiguity in the scope of case transfer and lack of clarity in the main body of the transfer, which constrained the mechanism's effectiveness from being brought into full play. Therefore, this study analyzes the confusion over the scope of application in the current transfer of cases for the reverse connection of administrative enforcement and criminal justice from the level of institutional design and norms, and makes recommendations for the improvement of this mechanism from a legislative perspective.

行刑反向衔接机制作为轻罪治理背景下最主要的非刑事衔接措施，能够填补轻罪出罪后的空白，有助于形成多元化的社会风险治理体系。通过文献资料分析法和规范分析法，本研究发现由于现行的行刑衔接规范体系存在缺陷，行刑反向衔接在实际操作层面显现出案件移送范围模糊、移送主体不明确等问题，这些问题制约了该机制效能的充分发挥。因此，本研究从制度设计规范层面出发，对当前行刑反向衔接案件移送工作中的适用范围之惑进行分析，并从立法角度对该机制的完善提出完善建议。