Research On The Issues Of Administrative Crime And Administrative Criminal Law

Goldschmidt-a German jurist published his book-《Administrative Criminal Law》in 1902.The Concept of Administrative Criminal Law is first made in this book, and accepted Widely by German jurists. Administrative crime is strictly connected with Administrative criminal law,so the new concept of Administrative criminal law made the study on administrative crime spread out completely in the 20th century.Afterward, This Concept was introduced to Japan, and The Japanese jurists Enrichmented it and have formed their own Unique Theory of Administrative Criminal Law. Tt was not until the end of 1980s that the study on administrative Criminal Law started in our country, so the study on it in our country is still at an early stage. The administrative criminal law is a new Concept which Developing with the the Western criminal tides such as decriminalization,depenalization and the theory of "ultima ratio penalty".The research on Administrative Criminal Law has special significance for Contemporary China,in which The Criminal Code changing frequently with the Administrative Crime rising fastly and the penalties Severe.However, with more than a hundred year's Development, the theory of administrative criminal law still has many disputes on kinds Of issues, even in some basic issues, which makes it difficult for us to learn and study this theory. The author of this Paper tries to make some analyses about these disputes,with the hope that it would be a good foundation for the further development of administration criminal law in our country.This paper consists of five parts, respectively discusses five controversial fundamental problems in theory of administrative criminal law, including the concepts and property of administrative offense which is as the foundation and prerequisite, the concepts and property of administrative criminal law, and legislation model of administrative criminal law. First,writer introduces several representative views in each part, and then analysis and summarizes them and proves viewpoint of my own which is combined with the author's consideration.Part one is about the concept of administrative offense. Writer reckons that we should understand the concepts of administrative offense in essence. Considering legal reality of distinction between crime and illegal in china, writer restrict administrative offense as a crime, which is as a concept under the concept of crime. Meanwhile writer think that holding two aspects "administration" and "ethic" is the key to understand the administrative offense. Administrative offense violates "administrative purposes", possesses nature of administrative violation. It is not under the precondition of ethical criticism, and it do not necessarily have nature of ethical violation.Part two is about the property of administrative crime.On this issue,writer discusses seperatly among administrative offense, administrative crimeand criminal crime. Between Administrative crimeand criminal crime,the writer agrees with Quality Differentiation Theory. Between administrative offense and administrative crime agrees with Quantity Differentiation Theory. Between administrative offense and criminal crime agrees with Quality and Quantity Differentiation Theory.Part three is about the concept of administrative criminal law. After summarizing Jurists'kinds of different definitions,the writer perceives that the concept of administrative crime and the concept of administrative criminal penalty are the two key points which must be clarified in define the concept of administrative criminal law. Therefore,in this part,the writer mainly clarifies the two points.The fourth part analysis the property of administrative criminal law. Corresponding with the author's view on administrative offense and administrative criminal law above-mentioned, writer agrees with criminal law say, thinks that criminal law say is more closer to chinese reality than administrative law say. Cross-property say and dual property say make division of the legal system be more fuzzy, add unnecessary confusion, furthermore crossover and convergence of administrative law and criminal law can be solved in the theoretical framework of criminal law. Whereas we need not set up administrative criminal law which is parallel with the administrative law and criminal law.The last part discusses the legislation model of administrative criminal law. Writer agrees with the dual-track system of respectively setting up criminal law code under the criminal code; but as the assertorical significance, considering chinese actual conditions,writer think that we should adopt independent scattered mode as appropriate t ransition in the short term.