An Analysis Of The Legitimacy And Constitutionality Of Administrative Participation In Criminal Legislation

In the current criminal code,there are many provisions of criminal law which only provide for "accusation" and "statutory punishment",while some or all of the constituent elements are left to the state administrative organs to regulate through administrative regulations,administrative rules and even administrative normative documents.In the criminal law provisions,such as "violation of certain laws and regulations","illegal management provisions","violation of administrative regulations" The essence of the emergence of such blank charges lies in the fact that the criminal law itself does not make a specific,clear and complete expression of a specific crime,but is specifically regulated by the low-level legal norms such as administrative laws and regulations,administrative rules and regulations,thus triggering the constitutional crisis of administrative participation in criminal legislation,reflecting the contradiction between the strictness of the rule of law and the timeliness of the rule of law In judicial practice,there is a phenomenon that "the criminal law is a basket,and the administrative organ will install it if it wants to,and it will not if it wants to.",If this is not regulated,the legislative power of the legislature will be left aside,resulting in the integration of legislative power and executive power in the field of criminal law,thus providing institutional convenience for the administrative organs to abuse their discretion.In view of this situation,this paper finds out the system interface of administrative participation in criminal legislation-administrative crime,and defines it,establishes the correlation between administrative crime and administrative participation in criminal legislation,thus leading to blank criminal charges and basic provisions.Through the empirical research and analysis of administrative participation in criminal legislation,it is found that the current situation of administrative participation in criminal legislation has impacted on the current constitution and law,which is suspected of violating the legal clarity and specificity of the principle of legally prescribed punishment for a specified crime,However,because of the limited capacity of criminal law,the variability of administrative crime,the professionalism and complexity of administrative crime,the existence of administrative participation in criminal legislation has its legitimacy and rationality.From the perspective of specific measures such as filing review mechanism and individual supervision of citizens,this paper aims to solve the defects of lack of democracy in legislation,imperfect legislative procedures and imperfect supervision mechanism in administrative participation in criminal legislation,so as to build a constitutional control system of administrative participation in criminal legislation,so as to safeguard the authority of the Constitution and protect the legitimate rights and interests of citizens in judicial practice.