Boundary Between Criminal Penalties And Administrative Penalties

Criminal penalty is a punishment for people who violating the criminal laws. Administrative penalty, of course, is very different from criminal penalty. It is a specific administrative punishment for people who violating the administrative regulations but not commit a crime. However, the more changes in social situation today, the wider will be the spread of criminal penalties coverage. Such as drunk driving, picking a pocket, and so on, has already been taken into the field of the criminal penalties now. Labor education system has been abolished, but asylum education system, compulsory detoxification system and other similar labor education systems still exist, whether it is reasonable. Not long ago, HuangHaibo’s affair pushed the asylum education system in front of the public. After having been put into fifteen-day’s administrative detention, he still had to been educated by asylum education system for 6 months, while confining his right of freedom. The degree of the administrative punishment far exceeds the criminal punishment.In fact, the boundary between criminal punishment and administrative penalty has been a problem in judicial practice in our country. The central authorities and judicial authorities have already formulated the relevant provisions, which refer to the application of criminal penalty and administrative penalty. However, “Criminal penalty replace administrative punishment”, or “administrative punishment replace criminal penalty” is frequently happened in the judicial practice. There is a big problem in the convergence between them. The theoretical circles of criminal law in our country have researched on the theory of administrative criminal law, but seldom research on the perspective of the boundary of the two laws.In order to realize the effective connection between criminal penalty and administrative punishment, we need to clear the boundaries of them, further study the characteristics of criminal law and administrative penalty law,and to build a new, reasonable punishment system adapt to the modern judicial practice. So, the author try to further study the boundary between criminal punishment and administrative penalty by researching the field of criminal law and administrative law.