关键词: 行刑衔接；“治罪与治理”协同；食品安全；行政执法；刑事司法

Abstract: 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.

Key words: linkage between administrative law enforcement and criminal justice; integrated perspective of punishment and governance; food safety; administrative law enforcement; criminal justice