On Administrative Crime Under The Context Of Criminology

Administrative crime, as a kind of crimes in Criminal Law, the academicians studied it from the beginning of 20 centuries. Since 1902, when Michigan, a German scholar advocated the concept of the administrative criminal law firstly, over the past century, the theoretical researches on administrative committed have got full developments. As a kind of phenomenon that connects with society very closely, administrative crime is surging in numbers, however, using conventional penalties to prevent those criminals is weak. The fact is proved that, it is limited to study administrative crime only from the criminal law. From different angles, we can see different sides of crimes. Within the limit of law, we see legal issue on crime; outside the limit of law, we see the issue on the fact of crime. Researching the crime needed an all-sided researching ankle, anything is a unilateralism that observes from a side only. Deviating from the regulations, we can see the administrative crime as a social phenomenon. I hope this paper can give a new inspire to our countries’administrative crime theories and legislations by changing the researching ankle and methodology. Except the introduction, this paper is divided into five parts and specific arrangement is as follows.Chapter 1 The relevant concept on administrative crime. No matter in the scope of law or out of law, researching the basic concepts of administrative law, administrative criminal law is the first require of demonstration logic. Therefore, this chapter contains two parts. In section I, the writer tries to specify the concepts of administrative crime, administrative criminal law within the criminal norms. Administrative criminal and administrative criminal law is law concepts. Constitutionally, administrative criminal is a basic concept in criterion. Thus, the accurate definition of administrative crime depends on the legislations of nations. In the scope of criterion to define a concept, we must have clearly national consciousness. Therefore, this section mainly illustrates the basic concepts of administrative crime and administrative criminal law on the background of German and Japan. Section II lays particular emphasis on the basic connotations of administrative crime and administrative criminal law in the view of the paper.Chapter 2 The theories of administrative crime on the perspective of normative criminal law. This chapter hackles the main research results from German and Japan where the theories of administrative crime are well-developed. The conclusions of basic theory of administrative crime are on the basis of the development of Germany and Japan’s legislations to show the interaction and mutual promotion of legislations and theories. Besides that, this chapter emphatically analyzes the basic ideas of main theories in all the countries and the insufficiencies of theories’Besides that, this chapter emphatically analyzes the basic ideas of main theories in all the countries and the insufficiencies of theories’promoting legislation. Finally, this chapter evaluates the contributions of normative criminal law to the theories of administrative crime. They not only include. Finally, this chapter evaluates the contributions of normative criminal law to the theories of administrative crime. They not only include positive meaning, but also one-side and limitation.Chapter 3 On administrative crime under the context of criminology. In the firs part, through challenging the origin of administrative crime in the theory of normative criminal law, I deny the origin relation between administrative crime in the field of normative criminal law and legal crime in the field of criminology. In the second part, I stand by the social ankle to demonstrate the development of administrative crime and point out the essential causation of administrative crime and its legal system. Finally, I put up frondose demonstration for the core issues of administrative crime by the standpoint and researched methods of criminology to put forward the basic views of administrative crime of criminology. Chapter 4 Our country’s theories and legislation on administrative crime. In the first part of this chapter, I conclude and estimate the researching status of administrative criminal in criminal scholars of our country. In the second part, I conclude the legislations of our country which is based on the analysis of the development of administrative criminal in our country. Finally, basing on the research results of administrative legislative situation, the writer is put forward the issues of administrative crime within the Criminal Law and outside of the Criminal Law. Through the analyzing of lots of empirical data and cases, put forward the necessity of the reform of the legal system.Chapter 5 The recommendations of the Administrative Criminal Legislation. This chapter puts forward a basic scheme to make the legislation of administrative criminal perfect by two ankles which is criminal legislation mode and administrative penalty ordonnance. On all accounts, for the systems construction of administrative criminal, from a macroscopical ankle, we should establish a basic development way of self-governed legislation; from a microcosmic ankle, we should increase the penalty effect of the administrative crime by strengthening the diversity, pertinent and flexibility of the system.