Research On The Legislative Perfection Of Administrative Crime In China

Administrative crimes refer to the behaviors that violate administrative laws and norms and violate criminal law seriously.Those behaviors should be punished with criminal and administrative penalty.There are four distinct characteristics of administrative crime.Firstly,it contains the duality of illegality,including both administrative and criminal illegality.Secondly,it is has mutual responsibilities,so it should bear both the administrative and criminal responsibility.Thirdly,it has weaker anti-ethical morality.Fourthly,it is very changeable.China's legislation on the administrative and criminal law is taken by the unified criminal code model.This legislation model has the following problems:the stability of the criminal code is difficult to adapt to the criminal crimes,so it can not work on the basis of social reality and administrative needs to take behaviors without serious social harm court into the administrative legislation in time,thus behaviors without serious social harm can not be removed in time.The distinction between administrative crime and administrative penalty is blurred;the administrative criminals' prerequied administrative laws and norms are unclear or even get lost.Administrative laws and norms is poorly connected with crirminal laws and norms,and it leads to the application of the criminal crime gets into trouble;administrative laws and norms in the criminal liability clause is difficult to implement in place,so the dual responsibility of administrative crime is difficult to achieve.In order to solve the problem of administrative legislation,the author should promote the administrative law and the criminal law,perfect the administrative responsibility and the relationship between the administrative law and the criminal law.The connection between criminal responsibility and administrative responsibility should be built.Before the settlement of the legislative problem of administrative crime,the judicial activism should be brought into play.Under the existing legal framework,the administrative crimes should be identified and applied strictly in accordance with the elements of the crime.The distinction between administrative crimes and administrative violations including several elements such as amount of crime,consequences of crime,circumstances of crime,etc..Besides,the dual responsibilities of administrative crime should be implemented.