The Administrative Criminal Law Legislation Development

The administrative criminal law is as a breach of duty under administrative lawand violate the criminal law and form a kind of special legal norms with doubleattribution on administrative law and criminal law. The concept of administrativecriminal law of Germany, after since the late1980s was introduced into China, for along time both foreign scholars and domestic scholars have put research direction inthe nature of administrative criminal law, administrative and criminal commitsdefined difference, and debate on this issue, not unified. But in the administrativecriminal law s, expanding the scope of administrative criminal law in the absence ofindependent legislation, there are still various legal provisions, legal norms chaoticsituation. In this case, should not be too much emphasis on the nature ofadministrative criminal law ownership, administrative and criminal guilty ofdistinction, and research perspectives in the legislative level, should be back topractice from theory, solve practical operating predicament existing in the judicialpractice. No continental law countries such as Germany’s rule of law in Chinahistory, also does not have the basis of traditional legal culture in Japan, ourcountry’s legal present is heavy light traditional legal culture and consciousness ofthe people, for the legislation of administrative criminal law in China is take the roadof the administrative criminal law with Chinese characteristics: mixed withtraditional criminal law in a criminal code. This is the choice of traditional legalculture, is also the rule of law in our country present situation of choice. This articlethrough the literature research and comparative research, the use of punishment law,administrative law, administrative punishment law of the related theory, start fromthe theoretical research of administrative criminal law, according to the foreignlegislative modes, analysis of the administrative criminal law in our countrylegislation development, and further discusses the administrative criminal lawreconstruction in the direction of the future.