Research On Perfecting The Legislation Of Administrative Crime In China

China's administrative crime legislation has some problems both in theory and in practice.In theory,the study of administrative crime in China began in the nineties of the last century,and its research system and research discourse were all introduced from German and Japanese criminal law.After twenty years of continuous exploration in Chinese criminal law academic circles,people gradually find that although the concepts of the imported administrative crimes have enlightenment and reference,they do not match the reality of China.In practice,with the rapid economic and social development in China,the proportion of administrative crimes in the criminal code is increasing.More and more new types of administrative crimes have become the general trend of criminal law in China.However,the administrative crimes in China still exist such problems as too many gaps in legislation,lack of rationality of front administrative regulations,low threshold of crimes in some administrative crimes,lack of overall arrangement of administrative crimes legislation and unreasonable allocation of penalty of administrative crimes.These problems has hindered the realization of the fair and just value of criminal law and also undermined the people's trust in the legislation of administrative crime in China.Therefore,under the new situation,through the absorption and abandonment of the theoretical system of foreign administrative crime,this article proposes the proposal of perfecting the administrative crime from the current situation of the conceptual system of administrative crime in China,which will be helpful to conform to the trend of the times,effectively exert the established function of criminal law to protect human rights of citizens and maintain social order,and realize the fair and just value of criminal law.The text is divided into four chapters,mainly discuss the status quo and perfection of China's administrative crime legislation from two aspects of theory and practice.The details are as follows:The first chapter is about the historical change of China's administrative crime legislation.Since the introduction of the discourse and system of administrative crime research in China from Germany and Japan,this paper examines the changes of the legislation on administrative crimes in Germany and Japan before examining the changes of China's administrative crime legislation in order to conduct a comparative study.The system of administrative crimes in China is gradually shifting from the theories in German and Japan to the legislative framework of Chinabased administrative crimes based on the Chinese context and based on China's reality.The second chapter examines the issue of China's administrative crime legislation.In practice,there are many gaps in criminal legislation of administrative crimes,some of them are lack of rationality,some of them are easy to be convicted in crime,the legislation lacks the overall layout,some of the administrative penalties are unreasonable,and the way of implementing the responsibility of administrative crimes is too limited and so on.Each of these problems has its own causes.The concrete manifestation is the theoretical,standard,systematic and paradoxical legislation of administrative crimes,as well as the defects of the forward-looking and the simplification of the way of criminal responsibility.Due to the existence of these legislative issues,the administrative crimes in China need to be improved theoretically and practically.The third chapter is about the choice of the position of administrative crime legislation in China.Although theoretically,there are a large number of theories in all subordinate fields of administrative crime.However,starting from the substantive law in China,the concept of administrative crime should be a prerequisite for the establishment of a crime with pre-existing administrative law norms or precedent specific administrative acts and explicitly stipulated in the criminal code;we should take "the difference of quality and mixture theory" in the field of criminal theory of administrative crime,which also recognized as “administrative crime and administrative illegal distinction”,as well as the “pure responsibility theory” of in the administrative criminal responsibility field,it can be more conducive to grasping the nature of the administrative crime,so as to better put forward the practical countermeasures to improve China's administrative crime legislation.The fourth chapter is about the perfect countermeasures of Chinese administrative crime legislation.In practice,we firstly establish the four rules including clarity,cohesiveness,rationality and typed ruling as the general guideline of administrative crime legislation.Specifically,the Rule of Clarity includes the explicit stipulation of the elements of "quantity" in the criminal code of administrative crimes and the provisions of the exception liability in the pre-administrative legal norms.Cohesive Rule includes the provisions of the transitional provisions of criminal liability detailed in the pre-administrative laws and regulations,legal norms complement and refining the link charges and strengthening the administrative penalty and criminal penalties.Reasonable Rule includes that administrative crime legislation should be consistent with the Simple Legal Values and forward-looking future.The Typed Rule mainly refers to the severity of social choice,the conversion of the legislative paradigm as well as the social harmfulness as a reference standard to judge whether the legislative paradigm is reasonable.Secondly,under the premise of maintaining a unified legislative model,through the promotion of the principle of strict access to administrative crimes and the timely decriminalization of administrative criminal legislation,the author analyzes the various legislative models of administrative crime and chooses a unified legislative model based on China's national conditions.That is the way of implement of legislation of administrative crime in China.Thirdly,it analyzes the advantages and disadvantages of blank guilt and chooses to keep blank guilt according to our national conditions,and consummates the legislation of China's administrative crime by restricting the statutory scope of complementary norms and restricting the arbitrary growth of blank guilt legislation.Finally,by clarifying the theory,status,concept and category of the non-penalty ways in China's criminal code,this paper puts forward that through setting up the system of criminal security punishment system,the author introduces the non-regular criminal security punishment and the unit main body qualification punishment to perfect the administrative crime in Chinese legislation.Since the concept of administrative crime was introduced into the criminal law system in our country,the actual pattern of our country's administrative crime legislation has been formed.In general,according to China's national conditions in the new situation,China's legislation on administrative crimes needs to put forward specific Chinese problems in the context of China,and then select the correct position in theory and determine concrete measures in practice so as to achieve perfection Aim of Legislation of Administrative Crime in China.