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Study On The Administrative Accessoriness Of Economic Crime

Posted on:2019-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y FengFull Text:PDF
GTID:2416330566972463Subject:Law
Abstract/Summary:PDF Full Text Request
The appearance of administrative law norms and specific administrative actions affecting the nature of economic crimes,the emergence of this economic crime administrative accessoriness,and the historical development of economic crimes are inseparable.At the same time,it is the rationality and inevitability of its historical existence that confers the value and significance of the administrative accessoriness of economic crime.The concepts,standards,and blank counts in economic crimes refer to administrative law norms,administrative licenses,administrative penalties,and administrative determinations that affect the establishment of economic crimes.These are all typical expressions of administrative accessoriness of economic crimes.Judging from the perspective of legislation,the nature of economic crime administration has caused an impact on the principle of legally prescribed punishment for a specified crime.When the subordinate administrative law norms change,it will also affect the balance between criminal legislation and administrative legislation.At the judicial level,specific administrative actions interfere with the normal judicial process.At the same time,economic crimes constitute administrative violations.It also involves the issue of criminal liability and administrative responsibility.Therefore,the accessoriness of economic crimes to non-administrative laws and regulations should be removed to maintain the principle of legally prescribed punishment for crimes.At the same time,the criminal law effect of changes in administrative law norms on economic crimes must be differentiated and the balance between criminal legislation and administrative legislation should be achieved.As for the judiciary,the judiciary must make an independent judgment in the criminal law on specific administrative actions.In addition,it is necessary to ensure the convergence of criminal procedures and administrative procedures so as to achieve dual accountability in the context of double violations.
Keywords/Search Tags:economic crime, administrative accessoriness, principal of a legally prescribed punishment for a specified crime, blank facts about a crime
PDF Full Text Request
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