The Administrative Criminal Law’s Legislative Pattern

At present, China is in a fairly high speed development period. With the acceleration of urbanization and modernization, more and more administrative crimes appear in our lives, becoming a major hazard to social stability and people’s happiness. However, China’s existing legal system needs to be improved in terms of administrative crimes and, in order to tackle such crimes reasonably and effectively, we must start from legislation. On the other hand, on the occasion of the abolition of RTL system(reeducation through labor) during the Third Plenary Session of the 18 th CPC Central Committee and the discussion about the rule of law during the Fourth Plenary Session, administrative criminal law research relevant to administrative crimes is at a crucial historical stage, so improving the research on administrative criminal law has become a major mission of contemporary legal researchers. Whether from the perspective of improving the connection between administrative law and criminal law or reforming punishment system and protecting human rights, the discussion on the legislative model of administrative criminal law is a new and significant subject.The article mainly covers four aspects--the basic concept, premise of legislation, elements of legislative model and frame construction of administrative criminal law, discussing the definition of the legislative model of administrative criminal law, the rationality and ideological basis of legislation, three elements "crime, liability and punishment" in the model as well as the positioning and structure in the construction process respectively.The legislative model of administrative criminal law is defined by inspecting the practical experience of foreign administrative criminal laws and reviewing previous domestic research. A further reflection on the shortcomings of China’s existing legislative model is conducted on the basis of contrastive study on the legislative models of administrative criminal law in Germany and Japan.The premise of legislation specifically illustrates the necessity, rationality, ideological basis of establishing the model. From the respect of economic development to the rise in crimes, from a state governed by law to state of welfare, the social and times basis of administrative criminal law are discussed. And from the perspective of ideology, China’s misdemeanor tradition, modern separation of the three powers and criminal positivism trend make it necessary to establish administrative criminal law system.The elements of the legislative model cover the three dimensions of crime, liability and punishment. Element issues of linking boundary between administrative law and criminal law, denotation of administrative criminal liability and criminal punishment execution style will be discussed respectively, to construct the connotation of the legislative model.The frame construction of the legislative model sets out from the angle of model frame, and analyzes the positioning of administrative criminal law in the origin system, its detailed internal regulatory framework and implementation in judicial system, initially describing the denotation model of administrative criminal legislation.