摘要
就《治安管理处罚法》与《刑法》在部分行为认定方面存在的竞合问题,分析了实践中由于缺乏明确的区分标准,致使案件在行为界限的把握上比较困难,存在一方面将本应治安处罚的案件移送检察机关审查,另一方面又以罚代刑的现象。认为在处理《治安管理处罚法》与《刑法》的竞合问题时,检察机关应当发挥重要作用,准确把握行为性质,履行检察职权。
To the difficulty to settle the cases which violate both Public Security Administration Punishment Law and Criminal Law, the clearance of standards to distinguish between illegal acts and criminal offences is discussed. Some cases subjected to public security punishment are transferred to the procuratorates, while some acts subjected to criminal punishment are given to public security punishment. In dealing with the overlapping of Public Security Administration Punishment Law and Criminal Law, the procuratorates should play an important role.
关键词
竞合
《治安管理处罚法》
《刑法》
检察职能
Public Security Administration Punishment Law
Criminal Law
overlapping
procuratorial power
