On The Administrative Offensive Intention

The administrative offensive intention is the main form of the subjective constitutive elements of administrative offense. It is one of the important contents of the theory of administrative criminal law. But the study on administrative criminal law is still in bud in China, especially on constitution of the administrative offense even on the culpability of the administrative offense. Not only there is difference greatly in theory, but also has not been unified in practice. It is vacancy in definition of the concept to the administrative offensive intention at present in China, even if has been mentioned also only imitated the concept of criminal intention in criminal law to some extent, but has not manifested the special character of the administrative offensive intention. This article proceeds with the current criminal law in Chinese, and take the concepts of administrative offense and the intentional crime in the criminal law of our country as the foundation, in order to seek the concept of the administrative offensive intention to suit national conditions of our country .Considering that the administrative offensive intention is refers to administrative criminal actor know perfectly well one's own behavior which will cause the certain harmful consequences to some kind of specific administrative benefit or the administrative order, and the subjective psychological attitude is hoping or not interfering this kind of harmful consequences occurs. At the same time, considering that the harmful consequences have two levels in the administrative offense, and the content of the administrative offensive intention is only restricted in the first level of the harmful consequences. As it is in the administrative offensive intention, the actor's subjective psychology to the first level harmful consequences is inevitably intentional, but to the second level of harmful consequences is possibly the indirect intention or the negligence, which does not influence the establishment of the administrative criminal intention. The article takes the concept of the administrative offensive intention as the logical starting point. On this foundation, studying comparatively and analyzing rationally on the theory of "objective exceeding factors", "the concept of the compound fault" and "strict liability", also comparing the premise which they put forward and the suitable situation and the background with the administrative offensive intention, the author think that all these theories are unable to be suitable to explain the administrative offensive intention, so to affirm the particularity of the administrative offensive intention of its own theory.