The Study On The Relationship Between The Administrative Illegality And The Criminal Illegality

The administrative crime is set for the purpose of the public administration. The administrative crime has two characters:the administrative illegality and the criminal illegality. The administrative illegality means that the actor's act violates the administrative laws and regulations and should be affirmed illegality by the executive authority. The criminal illegality means that the act has serious social harmfulness and the actor has very serious personal dangerousness, and violates the criminal law as well. The relationship between the administrative illegality and the criminal illegality of the administrative crime is the main issue of this paper.Chapter one analyzes the dual illegality of the administrative crime and expounds the relationship between the administrative illegality and the criminal illegality. The administrative illegality is different from the criminal illegality of the administrative crime, but the difference is not absolute. The administrative illegality has inseparable logical relationship with the criminal illegality. This could be reflected in the precondition of the legislation and the precondition of the accountability. The criminal illegality is the essence reflection of the administrative illegality in the administrative crime. With the guide of the principal of a legally prescribed punishment for a specified crime, the administrative illegality and the criminal illegality could be harmonized.Chapter two analyzes the current legislation and the enforcement of the dual illegal in Chinese Law system. There is a whole legislation system of the dual illegal judgment about the administrative crime in Chinese Law system. In the process of the crimes prosecution, the dual illegal relation has considerable development in the judicial practice. But the conflicts between the administrative illegality and the criminal illegality cannot be evaded. The conflicts could be:First, the affirmation of the administrative illegality determines whether initiates the criminal illegality' examination. Second, the affirmation of the administrative illegality replaces the criminal illegality's examination. Third, the criminal illegality's examination replaces the affirmation of the administrative illegality. Fourth, the engagement of the dual illegal between the legislation and the judicial practice is not very well.Chapter three is to analyze the harm and the reason of the dual illegal, and then the author will raise some feasible programs. The conflicts in the affirmation of the dual illegality lead to the phenomenon of "substituting criminal punishment with administrative ones". The criminal law is amended frequently, and the Severe-Penalty Doctrine prevails because the engagement of the dual illegal between the legislation and the judicial practice is not very well. The dual illegality violates the modesty principle, and it also goes against building a socialist country and the right protection. There are lots of reasons that lead to the dual illegality. It may be caused by the obscureness of the legislation or the faultiness of the enforcement and the system of supervision.Chapter four is to give some advices on the improvement of the dual illegality. The analysis of the reasons of the dual illegality is aimed at solving this problem. To perfect the dual illegality, we should first establish the review system of the dual illegality, and then build the cohesive device between the administrative law and the criminal law.The legal interpretation of the administrative law should be used to help the affirmation of the criminal illegality, and the prior intervention of the judicial authority is indispensable. At the same time, we should establish the effective procuratorate supervision system...