人民检察院通过对职务犯罪行使侦查权实现对行政权的监督是我国行政法学和检察学的传统理论。现实中行政处罚以罚代刑,不移送涉嫌犯罪案件等违反刑事法律问题普遍存在,行政执法与刑事司法衔接机制存在局限性。应对传统理论进行反思,确立人民检察院在行政处罚程序中的刑事法律监督地位,设置相应的检察监督机制,以有效地预防职务犯罪和惩治经济犯罪。 People’s Procuratorate through the investigation of administrative crimes right to realize the supervision of administrative power is the traditional theory of administrative law and procuratorial science. In reality, administrative punishments such as penalty of execution of penalty, non-transfer of suspected criminal cases and other violations of criminal law are ubiquitous, and there is a limitation in the linkage mechanism between administrative law enforcement and criminal justice. We should reconsider the traditional theory, establish the criminal legal supervision status of the people’s procuratorate in the administrative punishment procedure, and set up the corresponding procuratorial and supervisory mechanisms to effectively prevent job-related crimes and punish economic crimes.