A Study Of Administrative Offense And Administrative Crime

The study of administrative offense and administrative crime is a subject which has both theoretical and practical value.The issue of the boundary between the two has gone through two centuries of controversy,and it is still a hot spot in the academic circles of various countries.To clarify the concept of both administrative and administrative crimes is the premise of the study.In different fields of vision,scholars have different views on the interpretation of concepts.In order to avoid the final return to the argument of the concept,the concept of administrative law and administrative crime is defined as the administrative relative person in the definition of the concept of administrative crime.The reason why the subject circle is the administrative counterpart is whether it is"illegal" or "criminal" cognizance,which is related to whether the actor can be a normal citizen.The results are closely related to the increase and decrease of work and position.At present,there are difficulties in dealing with administrative offenses in our country.First of all,the standard of distinguishing between administrative illegal behavior and administrative crime is vague in our country's law.This is mainly reflected in one aspect.The defects in legislation lead to the vague standard of boundary division.On the other hand,the means of criminalization of administrative offense itself also has some problems.Specifically,the legislation defects in the performance of the quantitative standard of illegal behavior is too abstract,lead to crime and non crime boundary is not clear;there are a lot of provisions in the criminal law,to the administrative illegal and administrative crime boundary obstacles;in the criminal law and administrative law in their respective sanctions because of the existence of legal settings where not enough reasonable,makes the offender by between administrative punishment and penalty is not harmonious,can not reflect the severity of the penalty.Secondly,in practice it is difficult to grasp the same administrative illegal and administrative crime division,on the one hand is due to the lack of judicial restraint in practice is difficult to both of the sub sector,there is also the administrative law enforcement and criminal justice mechanism is not smooth on the other hand.In order to solve the realistic predicament in the boundary,first of all,we should clarify the standard of administrative offense and administrative crime in theory.In the past,the scholars in our country have discussed the difference theory of quality,the difference of quantity and the difference of quality between the three kinds of traditional viewpoints.In view of our unique legal tradition and legal system,the division of standards should not be subject to the traditional theory of extraterritorial areas,but rather based on the actual needs of the current situation of our country,and put forward the boundary criterion that is consistent with China's legal system.Therefore,the establishment of the standard of administrative offense and administrative crime in China should grasp two levels of needs.The first level is the standard of behavior:the degree of harm of behavior;the second aspect of the standard is behavior type.The study of administrative offense and administrative crime is to put forward specific and operable suggestions in the end.First,the effective boundary of administrative offense and administrative crime needs to perfect the legislation.First of all,the beginning of the legislation,make the definition of preference between administrative violations of law and administrative crime,should adhere to the principle of modesty in legislation,it is necessary to consider the effectiveness of existing administrative means are brought into full play,but also consider the actual effect of criminal justice for the public to produce sound,but also consider the reasonable distribution of social legislation the management of resources;secondly,the need to gradually improve and perfect the legislation,administrative punishment and penalty law for cohesion;again to alert blind and excessive administrative illegal crime legislation.Secondly,it is necessary to take effective measures to deal with administrative offences and administrative crimes in an effective way.First of all,we must adhere to the principle of modesty throughout every aspect of the judicial process.We should use modesty principle to resolve the conflict between administrative violations and administrative crimes,and at the same time,we need to put forward higher requirements for judicial personnel.Secondly,we should improve the connection between administrative enforcement and criminal justice and attach importance to the existing procedural regulations,so as to ensure orderly division and cooperation between administrative power and judicial power.