The Basic Problem Of Administrative Crimes

Administrative crime to violate administrative laws and regulations and criminal law regulation for behavior of crime, because the judicial power, executive power distribute and administrative the relativity of crime properties, make the administrative crime and administration's illegal demarcation line difficult to fix. From the real and right viewpoint, the difference between them mainly lies in the objective and two subjective respects of the crime; Look from angle that should be right, characterize a certain behavior as administrative crime or administration break the law, should inherit modest person who restrain, benefit nature and economic principle of criminal law, thus help to ensure human rights and defend the society. Administrative criminal law theory in our country develop still very weak certainly, need correct understanding in its, could apply to practice effectively.This text is divided into four parts:Part one,This part has mainly introduced the concept characteristic of administrative criminal law and theory current situation of administrative criminal law of our country. The administrative criminal law concept of Germany has its own characteristic, i.e. the illegal administration's behavioral legal norm general name regarding the administration fine and form the crime. And Japan administrative criminal law instead of being different, distinguish to some extent too with range at concept. Our country define to administrative concept of criminal law a lot of, original angle that lay particular emphasis on each it different, analyze its function, has defined the concept of the administrative criminal law of our country and theory development of the administrative criminal law of our country introduce.Part two,This part is mainly administrative criminal law evolution of Germany, Japan, explain its reason produced and similarities and differences between the two. Introduce Germany, Japan two country administrative crime and how whom circle divide into is crime. Having then discussed the composition system of the administrative crime of two countries, and the reference meaning of theories of administrative criminal law of our country to offering.Part three, the main part of administrative crimes are introduced the selection of components for administrative crimes should be how to determine, mainly is for administrative crimes in theoretical system provides some Suggestions and countermeasures.Part four,This part defines the charge of the administrative crime of our country was divided, later formed the administrative crime clearly at first, how to investigate its administrative crime responsibility.