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公安机关的具体行政行为与刑事侦查行为的精准界定关系到相对人或侦查对象的救济渠道定位在司法实践上具有相当重要的指导意义。其二者虽然同属公安机关的合法执法行为且在公安职能范围内,但其性质完全不同。在近年来的司法实践中,因为执法主体同一性与执法行为的相似性,其二者经常被混淆认定,导致执法对象无法进行有效的救济行为。为解决这一公安执法的法律依据漏洞,本文将围绕公安机关的刑事侦查行为归属范围与治安行政行为的区别展开探讨。
The precise definition of the specific administrative action of the public security organ and the criminal investigation act is of great significance in the judicial practice in terms of the channel of relief for the counterpart or the target of the investigation. Although both of them belong to the legal enforcement of public security organs and are within the scope of public security functions, their nature is completely different. In recent years, judicial practice, because of the similarities between the law enforcement principal identity and law enforcement, are often confused with each other, resulting in the object of law enforcement can not be effective relief. In order to solve the legal basis of public security law enforcement loopholes, this article will focus on the scope of public security organs criminal investigation attribution and public security administrative behavior of the difference.