内容提要：对于一项税收违法行为，税务机关作出行政处罚属于追究行政责任，司法机关作出刑事处罚属于追究刑事责任，行政责任和刑事责任存在如何衔接的问题（以下简称“行刑衔接问题”）。这种衔接包含责任构成、程序衔接和事实认定三个方面的内容，同行政权、司法权的资源整合与优化配置息息相关，关乎纳税人、其他行政相对人的合法权益和国家税收征管秩序。本文考察税收违法行为行刑衔接的规制现状，深入分析了行刑衔接中的责任构成、程序衔接和事实认定问题，分别从理念原则、制度规范和运行保障等维度提出优化路径，以期实现税务行政处罚与刑事处罚的有序、有效衔接。

For an illegal tax act, the administrative punishment imposed by the tax authority belongs to the investigation of administrative responsibility, and the criminal punishment imposed by the judicial authority belongs to the investigation of criminal responsibility. There is a problem about how to connect administrative responsibility with criminal responsibility. This connection includes three aspects: responsibility composition, procedure connection and fact identification. The connection is closely related to the resource integration and optimal allocation of administrative power and judicial power, and is related to the legitimate rights and interests of taxpayers and other administrative counterparts as well as the order of national tax collection and management. This paper examines the current situation of the connection problem of responsibilities in tax ield, analyzing separately from the aspects of composition of responsibility, procedural connection and fact determination, and proposes the optimization paths from the perspectives of philosophy, principles, system norms and operational safeguards, so as to achieve an orderly and efective connection between tax administrative punishment and criminal punishment.

关键词：税收违法行为,行政执法,刑事司法,法律竞合,Illegal Tax Acts,Administrative Law Enforcement,Criminal Justice,Legal Concurrence