A Study On The Administrative Dependence Of Criminal Law

In pace with the development of society and the improvement of human civilization,Natural crimes in criminal crimes are relatively stable in terms of both quantity and type.However,the number of statutory crimes related to administrative law has been increasing.One of the reasons for the incremental numbers of statutory crimes is that the rapid expansion of Criminalizing administrative violation,and it also leads to a closer relationship between criminal law and administrative law.Under these circumstances,the Chinese criminal law scholars begin to rethink many significant issues such like the boundary between the administrative violations and the criminal offenses,the connection between criminal law and the administrative law in legislation and judicature,etc.Inspired by these findings,I attempt to research the administrative subordination of criminal law.This research aims to discussing how the administrative subordination of criminal law will influence on the criminal legislation and criminal justice,and how to amend the existing legislation and judicature to ensure that "the crimes with the administrative subordination of criminal law" are totally clear and reasonable.Part one:An overview of the administrative subordination of criminal law.In this part,I discuss the concept,the classification and reasons of administrative subordination of criminal law.First of all,according to the analysis of all different definitions of administrative attribution,I summarize the advantages and disadvantages of each concept,and determine a reasonable definition of administrative attributes:It means according to the provisions of the criminal law,the identification of criminal acts and the determination of punishment are involved with administrative regulations or administrative decisions,orders or penalties made by administrative organs.this section is mainly to delineate the scope of my research paper.Secondly,the concept of administrative crime from the perspective of the criminal law on administrative subordination to the scope of the study,comprehensive consideration of the administrative crime under the definition of law and administrative crime specific provisions,the author thinks that,in the criminal law from the administrative framework of property problems,should the administrative crime refers to violations of state administration management laws and regulations,causing serious harm to society,criminal responsibility shall be investigated according to law.Finally,the paper discusses the classification of the administrative attribute of the criminal law,and thinks that the administrative attribute of our criminal law belongs to the administrative attributePart two:Discussion onthe administrative subordination form and existence value.China's current legal provisions of criminal law,the administrative subordination has four forms:the concept of criminal law provisions from the provisions of the administrative laws and regulations applicable to,the blank counts need to invoke the provisions of administrative laws and regulations,may be involved in crime the results of the determination of the conditions of administrative subordination,administrative permission to hinder the establishment of crime play a certain role.According to the criminal law administrative cognition from the form of attributes can be found from the attributes of the administrative criminal law existence is of positive significance to deal with the defects of the criminal law itself and meet the requirements of external environment on the aspects of criminal law.Part three:Discussion on the legislative predicament of the administrative subordination of criminal law and puts forward legislative suggestions according to the existing theoretical basis.First,the criminal law and the administrative law of cohesion in the legislation of improper,cause the macro scope of administrative crime is difficult to determine.Second,the blank counts as the criminal law administrative from typical forms the attribute,because there is no clear provisions of administrative laws and regulations of the administrative crime to reference,or although clearly pointed out according to the administrative laws and regulations itself but vague clarity will lead to the establishment of administrative crime is difficult to guarantee,which violates the criminal law clear requirements.Third,the blank counts,the legislative mode is the legislature will process part of the administrative crime entrusted to the administrative organ for legislation,if the delegate object,commissioned by the program is not legitimate,the provisions of the criminal law can not reflect the will of the people,which violates the criminal law democratic requirements.In order to three,I think we should base in the criminal law to the administrative subordination of the nature of the problem,the principle of unified legal order,in the legislation,to ensure coordination of criminal law and administrative law,to ensure the clarity of the blank facts,strictly limit the scope of the power entrusted legislation.Part four:To discuss the judicial problems caused by the administrative subordination of criminal law and give some suggestion.First,the judiciary cognizance of administrative crime,the concept of the same provisions on criminal law and administrative law and administrative regulations,can make different explanation?Some scholars focus on the criminal law of the administrative law from the property,that must make a consistent interpretation of some.Scholars recognize the relative independence of criminal law,that can make independent interpretation.Second,illegal administrative crime must depend on whether the administrative decision,order or punishment?In theory,illegal judgment negative administrative crime absolutely depends on the administrative organs,but in practice.The judiciary has become a norm in the adoption of administrative machinery judgement of illegality opinion.Third,according to China's laws and regulations,administrative crimes should bear administrative responsibility and commitment Take responsibility in the form,and both can not replace each other,and what kind of responsibility first,become a point of controversy in theoretical circles.The judicial problems,criminal law administrative subordination caused the author thinks that in judicial practice,should adhere to the principle of the unity of law and order,adhere to the relativity of illegal judgment.Given the independence of the judiciary interpretation of administrative power,the adoption of opinions should follow certain principles,not zhaodanquanshou,deal with the issue of convergence of administrative responsibility and criminal responsibility.