Administrative Detainees

Administrative detainees of natural crimes, which is not commonly known in China, is someone who severely violates administrative regulations and goes against criminal law, consequently he or she ought to bear criminal responsibility. As stated in this essay, the nature of administrative detainees contain both administrative illegality and criminal illegality, which are the very essential features of administrative detainees.With the development of economics and the improvement of modern life, as well as the diversified development of market economy and the increasing diversity or variety of market economy subjects, it virtually strengthens the administrative management and expands its functions and scopes. The criminal penalty against administrative breaches converts the criminal pattern of Criminal Law from mala in se into statutory offense. However, the academic research of administrative regulations and administrative detainees is not sufficient, it still lacks a unified cognition of some basic issues, such as administrative detainees’ nature and variety,etc. Bad institutional barriers and artificial constrains emerge when administrative detainees are brought into criminal prosecutions, which causes that legal sanctions against administrative offense are limited to administrative punishments. Consequently, more severe crimes would emerge as long as any criminals will be brought into administrative punishments rather than criminal penalties. Actually, the slight punishment for administrative detainees not only results in an offense of individual rights, but also a possible threat to public safety. For instance, producing or selling unqualitied foodstuff apparently act against Food Safety Law, but these acts effectively endanger public safety. An appeasement of the administrative detainees actually desecrates their administrative duty and harms legal advantage of the public. Based on a motive of maintaining public safety, the writer of this essay attempts to sort out the following basic issues related to administrative detainees, such as legal attributes, classified criteria, and transfer mechanism of cases, so as to provide theoretic supports for perfecting Administrative Criminal Law and penalizing the administrative offense more effectively.