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Research On The Associated Problem Of Administrative And Criminal Law

Posted on:2013-02-17Degree:DoctorType:Dissertation
Country:ChinaCandidate:N LiFull Text:PDF
GTID:1116330371479133Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administrative law and criminal law as the two important department law, play animportant role in their respective fields. However,there are many crosses between them inmany aspects, even conflict, Therefore, the relationship between the two has become thefocus of legal circles. In particular, the administrative penalty system is different from theforeign, resulting in more closely link between administrative law and criminallaw.However, due to there are still differences of deadline and determine standards ofadministrative penalties and penalty in academe,resulting in the embarrassing situation todistinguish the boundaries of administrative illgal and criminal in practice. Some scholarshave called this is"a desperate problem", but as a legal person, itis responsible for its morein-depth study to provide a theoretical foundation to correctly handle the relationshipbetween administrative and criminal law. This article is based on the active consideration,trying to make the administrative illegal and criminal crime as the starting point, discussesthe administrative and criminal legal relationship which has not been detail researched.Administrative and criminal associated problem is the general term of the boundaries,crosses, conflicts and convergences between administrative law and criminal law in entityand procedure. Administrative and criminal associated problem has a wide range, it can bedivided into entity association and procedures association;conflict and non-conflictassociation. Administrative and criminal associated problem is not only reflected in theadministrative law affects criminal law in crime or non-crime, this crime and other crime,penalty, judicial proof, but also reflected in the criminal law on protection to administrativelaw. In addition, some association is not a benign correlation, even exists conflicts.Themain reason for this phenomenon is unclear of the power boundery, lag of the egislativesystem , the complex case and so on.Administrative illgal and criminal are two closely related concepts in Administrative lawand criminal law,they are both the offend the law,but there are differences in the harmdegree, established the subjective elements, executing body, the responsibility andpunishment. In China, the administrative illgal contains two aspects, the administrativerelative person offends the law and the administrative subject making aspecificadministrative act is illegal . This article refers to the former. The criminal is thebehavior which harm to the society and should be punished. Administrative responsibilityand criminal responsibility can co-exist, absorped and allowanced in the entity, while in theprogram can also take a different principle according to different situations.Abstract administrative behavior has an important influence on crime.In criminal law, theadministrative law, the administrative rules and regulations, administrative ruleshaveimpact on crime by invoking. This is determined by the theory of the open theory ofconstitution of crime and the blank counts. In other words, in view of the criminal lawprovisions can not be too lengthy and frequently modified, some crime is necessary toinvoke other laws and regulations In the abstract administrative behavior, Administrative interpretation as a legal interpretation, whether independent or joint interpretationinterpretation, both have impact on the crime, it is the potential influence of criminal law.Specific administrative behavior also have a positive impact on crime. The specificadministrative act negates the crime establishment and impact of crimeconstitute ,whichmake the administrative law and criminal law associated on the entity. For example, theadministrative punishment sometimes play the role of insteading of punishment, can alsobe the premise condition of crime. Administrative confirmation has identified evidence ofwrongdoing, but also the premise of crime. Administrative license and administrativepunishment has become the premise condition to hinder crime.Administrative proceedings and criminal proceedings is the refect of the relationshipbetween administrative and criminal law in procedures. Transferring and the exclusion ofthe two kinds of relationships exist between administrative proceedings and criminalproceedings. Exclusive relationship is mainly reflected in the administrative litigation andcriminal litigation conflict, the two can not be transferred, so it is necessary to do in-depthstudy. The reasons of administrative proceedings and criminal proceedings conflicting arecomplex. Mainly because the behavior itself is more complicated; the abstract law;different trial organization authority has differences.So, conflict is inevitable. But inresolving the conflict between the two issues, should not rigid pursuit" criminal priority"or" administrative priority" principle, but should according to the different circumstancesof the case to take the principles of " which is first which the premise".
Keywords/Search Tags:Administrative law, Criminal law, Administrative litigation, Criminal litigation, Associated problem
PDF Full Text Request
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