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依照我国行政诉讼法和刑事诉讼法的有关规定,公安机关的具体行政行为属行政诉讼的受案范围,要由人民法院对其合法性实施司法审查,而公安机关的刑事侦查活动是否合法则是受检察机关的法律监督。目前在行政诉讼受案中,经常碰到难以识别公安机关的一些职权行为是具体行政行为还是刑事侦查行为的问题,由此发生在行政诉讼受案问题上人民法院行政审判组织与公安机关有争议的情况,影响着行政诉讼的准确受案和行政诉讼法的正确贯彻实施。本文试就此作一些分析并提出解决问题的思路。
According to the relevant provisions of China’s Administrative Procedure Law and Criminal Procedure Law, the specific administrative action of the public security organ is the scope of acceptance of administrative proceedings, and the people’s court should exercise judicial review of its legitimacy. However, whether the criminal investigation activities of public security organs are legal or not is The prosecution of the legal supervision. At present, in the case of administrative litigation, it is often encountered problems that it is difficult to identify some of the functions and powers of the public security organ as specific administrative acts or criminal investigation acts. As a result, there is a dispute between the administrative trial organizations of the people’s courts and the public security organs The situation affects the accurate acceptance of administrative proceedings and the correct implementation of the Administrative Procedure Law. This paper tries to make some analysis and put forward the idea of solving the problem.