Study On Crime And Punishment Of Administrative Criminal Law

As early as the times to Roman law, there was the pair of concepts of natural crime and statutory crime. The majority of the scholars consider that the difference between natural crime and statutory crime is to be exactly the same as the difference between criminal offense and administrative offense. However, it was not until in the 20th century that the study on administrative offense spread out completely. And there is yet been no final conclusion as to the concept and nature of administrative offense. Administrative offense is strictly connected with administrative criminal law and yet administrative criminal law originated from modern administrative law. The dissertation consists of four parts. Starting from the legislation and theory of administrative criminal law, the dissertation makes comments on some States'legislative practice, and illustrates status of administrative offense in system of criminal law. Then further studies are made on different views about the legal nature of administrative offense and on basic theories of administrative offense.Since administrative offense is tightly connected with administrative criminal law, the dissertation firstly makes a thorough inquiry on the some issues about administrative criminal law. Chapterâ… is divided into two sections, that is the history of legislation and theory about administrative criminal law. The first section reviews the background of administrative criminal law and makes comments on some States'legislative practice. The first section also expatiates issues about norms of administrative law. The legal sources of administrative offense in China are mainly divided into three types, namely, regulations about administrative offense in ordinary criminal code, provisions concerning administrative offense in separate criminal law and collateral norms of criminal law in administrative law. The author thinks blank administrative criminal law does not offend basic spirit of doctrine of a legally prescribed punishment for a special crime. On the basis of defining the concept of time-limited law and verdict criteria the author suggests adopting the different means to deal with administrative offense which is stipulated by the time-limited law. The second section of the Chapterâ… introduces the theories of concept of administrative criminal law. Since administrative criminal law is a loanword, neither should we completely disregarded valuable foreign doctrines for reference, nor should we entirely neglect the reality of theories and legislation in our country. Therefore, first of all the dissertation evaluates the doctrines of concept of administrative criminal law in Germany, Japan and China. On this basis, the author puts foreword the concept of administrative criminal law.Chapterâ…¡discusses the issues of characteristic and legal natural of administrative offense and its classification. The first section starts from the difference between the criminal offense and administrative offense and focuses on concept and characteristic of administrative offense then makes a clear distinction of administrative offense. Through evaluating the theories about nature of administrative offense, the author thinks that administrative offense should have bi-illegality nature in legislative angle. The second section of this chapter systematically introduces the legal and theoretical classification of administrative offense.Chapterâ…¢deliberates the issue about punishment of administrative offense and puts forward the principles about establishment and punishment of administrative offense. The author advocates the punishment of administrative offense should adopt the method of merging criminal punishment and administrative punishment. Since the final purpose of study on administrative offense is to put forward in theory suggestions of perfecting legislation on administrative offense. Chapterâ…£discusses on the suggestions of perfecting legislation on administrative offense. After reviewing the legal systems of China for the present, the author suggests that the punishment of China administrative offense should take the pattern of separate legislation combining with depending legislation and mainly relies on separate legislation. Furthermore, we shall clearly realize that the road to restructure the mode of administrative offense will be quite hard and impossible to be accomplisher sonly, but the difficulties can not resist us from development. I wish this dissertation can provide a new idea for the rationalization and legalization of China legislation of administrative offense, and contribute something in the process of rule of law in judicial practice, which is the initial force for me to write this dissertation.