Research On The Connection Of Administrative Law And Criminal Law In The Determination Of Administrative Criminals

In the "age of administrative crime",the connection of administrative law and criminal law has become an important subject that cannot be avoided.However,there are still many problems in the division between the administrative illegal and the administrative crime as well as the connection between the administrative law and the criminal law,which leads to many practical dilemmas and theoretical controversies.Cases in recent years triggered a heated debate,such as "Liu Yong case","the Bluegrass case","the Parrots case","the Tianjin woman illegally holds gun case"," undocumented acquisition of corn case",all are related to this.In this regard,we should,under the support of the relevant theoretical foundation,clarify the normative standards for the connection of execution entities in order to seek a realistic path to resolve the dispute and break through the predicament.Apart from the introduction,the thesis is divided into five parts:The first part examines the practical predicament of the link between administrative law and criminal law in the determination of administrative criminals.Through the extraction of typical cases,we can give a vivid and direct explanation of the problems that are ubiquitous in practice.Specifically,the lack of clarity on the criteria for delineation between administrative illegal and administrative crimes led to problems;The absolute adoption of administrative predispositions leads to the departure of the conclusion of criminal conviction from the purpose of criminal law;The change of administrative illegality has an impact on the determination of administrative crimes;The provisions of criminal liability in the administrative regulations provide for chaos and apply disorder.The second part analyzes the theoretical controversy of the connection between administrative law and criminal law.In theory,the related problems failed to be clarified,affecting the problems identified by administrative criminals,therefore,this part arranges and explains the theoretical controversy in the determination of administrative criminals,such as the dispute between the unities of law and the pluralism of law,the controversy between the qualitative differences and the quantitative differences,the administrative disputes between the administrative properties and the criminal attributes,giving new vitality to these basic and ancient topics.The third part explores the theoretical basis of the connection of administrative law and criminal law.The practical difficulties and theoretical controversies existing in the determination of administrative criminals are difficult to achieve "self-purification" by virtue of the existing status quo or limitation theory,and must be supported by the theoretical foundations if they are to be resolved.Specifically,the moderation of criminal law provided the judicial concept for the division of criminal law and administrative law;The purpose of the criminal law provides the basis for the substantive examination of executions,whereby the judiciary should maintain its independence and substantive;Criminal policy provides a systematic basis for the connection of administrative law and criminal law,which indicates that criminal governance is a systematic project,and criminal law is only a part of it.The fourth part clarifies the normative standard of connection between criminal law and administrative law.From the pros and cons to explain,the "non-safeguarded law" nature of administrative law led to its failure to provide normative standards,The theory of constitution of crime of "four elements" has a suitable foundation in our country,but it is not a complete evaluation system of establishment of crime,nor does it provide normative standards;The concept of crime is the combination of quality and quantity,and the combination of form and substance is a complete evaluation system for the establishment of crimes and a normative standard.The fifth part resolves the concrete problems of the connection of administrative law and criminal law.Under the guidance of the theoretical foundation and normative standards mentioned above,this part puts forward a specific solution to the existing problems: First,judgments on administrative illegal and administrative crimes should take into account the double differences between quantity and quality;Second,the act that has not violated the administrative laws and regulations can not be regarded as an administrative crime;Third,to maintain the independence of judicial judgments,the behavior of violation of administrative laws still need to judge the criminal law,for the adoption of administrative prejudice determined by the judiciary.