Rearsch On Several Questions Of Legal Crime

The earliest classification of legal crime and criminal crime can be ascended to thedistinction of mala in se and mala prohibita in ancient Roman law, which provides directconcept resources for the difference between legal crime and criminal crime. However, it isnot until in the20th centry that research on legal crime was unfolded thoroughly andconcretely. So far, there is still no final agreement on the concept and nature of legal crime.Administrative criminal law, as a major law to regulate legal crime, is legislated by theexplicit definition of legal crime. The thesis is comprised of four parts. Starting from thecomments on the history source of legal crime, along with various theories about the conceptof legal crime in some countries defines the legal nature of legal crime. Then, futherstatements are made to the influence of the nature of legal crime to the legislation aboutadministrative criminal law. Last but not least, the paper makes suggestions to theimprovement of optimizing legislation on administrative criminal law.First part of the thesis defines the concept of legal crime. Beginning from the historysource of legal crime introduces thoroughly developed legal crime theories in Germany, Japanand Anglo-American law system countries. Rearsch of legal crime and criminal crime inTaiwan area of People，s Republic of China is inherited from theories in Germany and Japan,and then it spreads out more profound and systematic study, including three definitions,namely, doctrine of broad sense, doctrine of narrow meaning, doctrine of broad sense anddoctrine of narrow meaning. Scholars，research on this subject in Mainland of China is only atthe introductive stage, and the subject is unmature both in theory and in practice. In the end,the thesis defines the concept of legal crime and hopes to have a master of basiccharacteristics of legal crime.Second part of the thesis defines the nature of legal crime. The distinction of legalcrime and criminal crime was initially studied in Germany and thus gives rise to theoreticalarguments among the academia. The argument on the nature of legal crime in Germanymainly aimed at excluding violation of police order crime from the criminal law, so as to formits own law, that is to say, legislators want to set a standard to distinguish the illegality ofadministration and the illegality of criminality. Here exits three doctrines:QualityDifferentiation Doctrine, Quantity Differentiation Doctrine and Quality and Quantity Differentiation Doctrine. In Japan, doctrines about nature of legal crime have inherited frominterrelated doctrines of Germany, moreover, its differentiation theory on the legal crime andcriminal crime includes three types: Differentiation Affirmation dogma, DifferentiationNegation dogma and Differentiation Inanition dogma. Scholars in China have four typicaldoctrines on nature of legal crime, that are including inclination of Quality DifferentiationTheory, inclination of Quantity Differentiation Theory, inclination of Quality and QuantityDifferentiation Theory and inclination of Dualism. Considering from diverse theories indomestic and abroad countries, author of this dissertation, suggests that it is advisable to adoptDualism as external characteristic while Quality and Quantity Differentiation Theory asinternal characteristic with a view to separate criminal crime from legal crime.Third part of the thesis deliberates the influence of nature of legal crime to thelegislation about administrative criminal law. Firstly, this dissertation analyses legislationhistory of administrative criminal law in Germany, Japan, Anglo-American law systemcountries and our country. Then the paper introduces three different theoretical argumentsabout the belonging of administrative criminal law. Based on detailed analysis about variousdoctrines, author of this paper thinks it is suitable to make administrative criminal law belongto criminal law, in light of the background of our present criminal legislation situation andemphasis on the current legal frame system in our country. Based on the evident definition ofboth the nature legal crime and nature administrative criminal law, the paper discusses theinfluence of nature of legal crime to the legislation about administrative criminal law from sixaspects, which are the object of crime, the objective aspect of crime, the subject of crime, thesubjective aspect of crime, the causation of administrative criminal law and legal liability.Fourth part of the thesis proposes legislation suggestions of perfecting administrativecriminal law. Compared with Germany and Japan, less studies are made on administrativecriminal law in our country, thus inevitably exists some problems and deficiencies in currentadministrative criminal law legislation, which needs to be taken corresponding actions so asto perfect administrative criminal law, with an eye to provide a better thinking pattern forlegislation and jurisdiction.