Research On The Procuratorial Supervision Of Food Safety By Coordination Between Administrative Enforcement And Criminal Justice

The “coordination between administrative enforcement and criminal justice” in food safety field is the foundation to fight crimes endangering food safety and to ensure people's livelihood.This paper aims to find out a way on how procuratorial organ plays its role of supervision effectively,in order to facilitate the connection and coordination of administrative enforcement and criminal justice and to assist in carrying out law enforcement activities in a law-compliant and standardized way.To this end,this paper elaborates in 4 parts:First part of this paper gives theoretical definitions on 3 concepts: coordination between administrative enforcement and criminal justice,food safety crime,and prosecutorial supervision;then it points out that the supervision of procuratorial organs is supported by its endogenetic 3 theories: power balance,legal supervision and crime control.The procuratorial supervision aims to solve the problem such as the unalterable cases of administrative organs,the difficulties of transferring cases or the failures of public security organs.It is the key subject in coordination between administrative enforcement and criminal justice.Second part of this paper compares and analyzes the practice modes of Zhejiang,Sichuan and Shanghai,which are 3 typical regions where the “Coordination” development is relatively mature.The comparison indicates that they have certain common and difference either highlights.There are many circumstances such as ignorance of law enforcement synchronization supervision.Third part of this paper introduces the problems in the procuratorial supervision by coordination between administrative.They are 3 aspects including difficulty to find out the crime leads about food safety,difficulty in supervision of transfer and filing of food safety crimes cases,challenges in the referral process.The reason for this problem lies in 3aspectc about inperfect information sharing bridging mechanism,unclear powers of prosecution and supervision dilemma caused by defects involved in the crime,lack of system and subjective misperception which make it difficult to deal with supervision cases.Fourth part of this paper proposes to improve the path selection of procuratorial supervision.They are exploring the way to perfect the information sharing platform and assign dedicated procurator to manage it,synchronized supervision of administrative enforcement to solve the "dilemma" of procuratorial supervision,improving the supervision of procuratorial organs on the "two-way" bridging procedure of food safety.