Administrative Punishment Study Of China

Most Criminal Laws in the world define crime as malefaction in its nature without taking into account seriousness or consequence of the action. From police offence, misdemeanor to felony, the punishment system under public law has been operated by statutory definition of crime in concordance with judge discretion. However, China has carried out a pattern to judge crime considering both nature of the action and the effect. The seriousness or consequence plays an important role in determining whether the malefaction constitutes a crime. Nevertheless, the measurement to determine crime is too general so that some malefactions have been left to an interspace where by law would never be punished properly. For the sake of fetching up this gap and consummate China's punishment system under public law, the author proposes the administrative punishment system - a brand new system performing as a joint of administrative sanction and criminal penalty to punish those malefactions which have been left out.Study on administrative criminal law and punishment was initiated in Germany early in last century. It was developed vastly in Europe and Japan but not had been introduced to China until a decade ago. The conception of "administrative criminal law" (Verwaltangsstara frecht in German) has been interpreted in different ways due to unacquaintance. A group of scholars believe that administrative criminal law and punishment remain in the administrative law system and equate administrative sanction; whereas another group insists administrative criminal law and punishmentrefer to a narrower scope of criminal law which punishes Mala Prohibita in particular bearing no difference from criminal penalty. However, the author holds that to introduce theory of administrative punishment into China is edificatory by any means. This thesis started with introducing the theory, compared legislation and practice of this issue in Germany and Japan, constructed a theoretic basis for a Chinese administrative punishment system and proposed a scheme of its application.