The Study Of Convergent Relationship Between Criminal Law And The Public Security Administration Law

Criminal law and public security administration law have many commons. They have the same legislation value, which are human rights protection value and society protection value, the legislative purpose and mission are also protection equities. Criminal law insists the principle of legality and the principle of suiting punishment to crime and responsibility, public security administration law also insist the principle of legality and the principle of suiting punishment to behavior. They are also have common points in general,in general:the principle of territoriality are jurisdiction,the same field, acknowledge of the unit crime and joint crime,the same responsibility age and special person responsibility,and they have penalties of money.In our country,we use quality and amount principle to identify illegal and criminal behavior. The two behavior differences,not only in quality,but also in amount. Crime belong to criminal category,illegal behavior belong to violateof administration. When criminal law and the public security administration law have the same clause,we can set concrete principle to solve this problem.Public security administration law set an example of mitigation to criminal law;the combition of education and punishment has practical significance;it is the first to set unimplementation system; Security mediation system is important for social stability;certain behaviors in public security administration law can be absorbed by criminal law.However, the legislation could not perfect, the public security adminidtration law exists some regret,which can use ciminal law to improve. In the criminal law, the relevant retrocative,subjective errors, justifiable defence, emergency, unit crime and double punishment are worth using for reference.Punishment and administrative penalties for public security is the unity. In the future, when it should conform to the international trend,realise the integration of cohesion. In applicaton,use the priciple of crime priorityand the priciple of double applicable.In practise,different attitudes to different applicable time. In legislatio can also set violation crime and violation punishment,subordinate to criminal law.