On Several Problems Of Adminstrative Crime

There's yet been no final conclusion as to the concept and nature of administrative crime. It origins,develops and turns to ripened in the process distinguishing from criminal crime.It can be related to the pair of concepts of natural crime and statutory crime,as mala inse and mala prohibita in Roman Law. Howevver it is not until in the 20th century that the study on the administrative crime spread out completely. At the same time,many countries made legislation,so it develops well all in theories and legistations on the issue. The dissertaation consists of three parts, starting from reviewing of the concept of administrative crime and some state's legislative practice. Then studies on dualism of administrative and the influence on the administrative criminal law. In the end,the dissertation proposes suggestions of perfecting legislations on the administrative criminal law .Part I of the dissertation introduces the issues of concept and evolution of administrative crime. There are different doctrines on the meaning of administrative crime, such as doctrine of both broad and narrow sense, doctrine of broad sense, doctrine of narrow sense. The dissertation adopt the doctrine of administrative crime with narrow meaning of punishment inflicted. On this basis, descrips the sense of the administrative crime. The concept of administrative crime justly originates, develops and turns to ripened in the process in which distinguishs pairs of concepts from each other as natrual crime and statutory crime, criminal crime and police offence, criminal offence and administrative offence. Moreover, the dissertation introduces the ligislation's developments in German, Japan, England, the USA, and Mainland and taiwan of China. Through reviewing the legislation's practice, we can understand the concept of the administrative crime more clearly.Part II of the dissertation discusses the dualism of the administrative offence . This part consists of three parts as dual injuria, dual irregularity and dual liability. The dual injuria exhibits injuring to person and the legal right and interests. The dual irregularity exhibits that the administrative crime not only disobeys the administrative norm but also criminal norm.The dual liability exhibits that the administrative crime has to be charged with not only the administrative liability but also the criminal liability. The dissertation illustrates the irregularity of criminal norm through the relation between administrative crime and crime,constitution of the administrative crime, disobeying the administrative norm and criminal norm, and the difference from administrative illegitimacy for it's criminal sense. But the irregularity of administrative norm is ilucited by which the administrative crime is based on the administrative irregularity, and is distinguished from criminal crime in aspects for it's administrative sense.Part III of the dissertation introduces the influence on the administrative criminal law for administrative crime's dualism. The administrative crime's dualism can affect on location of the administrative criminal law, the design of the constitution of an administrative crime, the design of consequence, the design of liability and so on. Bases on this, the dissertation considers on the administrative criminal law of China and puts forward suggestions of perfecting legislation on administrative crime. It should join with the international criteria, join administrative norm with criminal norm, distinguish the subject of the administrative crime and the culpability of the administrative crime , distinguish cognition on irregularity from criminal crime, join and harmonize the administrative liability and criminal liability, defintize means in liability's superposition,and carry out the judicialization of punishments against freedom.