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随着城镇化水平的提高,农民的工资性收入占比也明显增加。要顺利实现我国的城镇化发展目标,就必须强化农民工工资支付保障制度。2003年以来,全国开展清欠运动,为农民工讨回了大量被拖欠和克扣的工资。此后,我国多个部门联手构建农民工工资保障体系,参与的部门包括公安、工会、主建与工商等。随着行政执法的加强,司法保障的力度也随之提高。2013年1月16日,我国最高人民法院对外出具了《关于审理拒不支付劳动报酬刑事案件适用法律若干问题的解释》。随后的2015年1月15日两院、两部发布了《关于加强涉嫌拒不支付劳动报酬犯罪案件查处衔接工作的通知》,随之产生的是行政机关在办理刑事案件现象。行政机关办理刑事案件到底要遵守什么程序问题成为律师不得不面对的问题。本文通过一起案例从行政机关在办理行政移送刑事案件到底遵循什么程序,公安机关对行政机关移送的案件要不要按《刑事诉讼法》审查,加盖政府机关公章的材料是不是当然的刑事指控证据,从而得出只有程序公正才能做到事实公正、司法公正。
As the level of urbanization increases, the proportion of wage income of farmers has also increased significantly. To successfully realize the goal of urbanization in our country, it is necessary to strengthen the system of wage payment security for migrant workers. Since 2003, the national debt-relief campaign has been carried out nationwide, recovering large amounts of wages owed and defaulted for migrant workers. Since then, many departments in our country jointly set up a wage guarantee system for migrant workers. The departments involved include public security, trade unions, major construction and industrial and commercial departments. With the strengthening of administrative law enforcement, the intensity of judicial protection also increases. On January 16, 2013, the Supreme People’s Court of China issued the “Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases Relating to Non-payment of Labor Remuneration”. Subsequently, on January 15, 2015, both houses and two departments issued the “Circular on Strengthening the Investigation and Conjunction of Criminal Cases Relating to Refusal to Pay Labor Payments”, followed by the execution of criminal cases by administrative organs. It is an issue that lawyers have to face when handling the procedural issues that criminal cases must be followed by administrative organs. This article through a case from the administrative organs in handling the transfer of criminal cases in the end follow what procedure, the public security organs of the administrative organs of the transfer of the case should not according to the “Criminal Procedure Law” review, the official seal of the government affixed to the material is not a natural evidence of criminal charges , Which shows that only procedural fairness can be achieved in a fair and just manner.