Reflections On The Bad Expansion Of Administrative Crime

Through cross-study,dynamic research and case study,this paper analyses the trend of expansion of administrative crime from typical cases,affirms the inevitability and necessity of expansion of administrative crime,studies the problems of undesirable expansion in the process of expansion of administrative crime,and reflects on the process of expansion of administrative crime.The first chapter mainly introduces the inexorable trend of the expansion of administrative crime,points out the problems existing in the expansion and the criteria for judging the undesirable expansion of administrative crime.The first section analyses the background and current situation of the expansion of administrative crime.Firstly,in advance of the protection of legal interests in a risk society,the expansion of administrative crime is a manifestation of actively adapting to the needs of a risk society.Secondly,the impact of new criminal acts on social ethical norms makes the expansion of administrative crime an inevitable trend.Of course,the expansion of administrative crime is based on the unification of illegality judgment.It is undeniable that there is a general trend of expansion of administrative crime,and in the process of expansion there are some problems that are too extreme or too negative.The second section takes "Zhao Chunhua's case of illegal possession of firearms" as the breakthrough point,compares the similarities between this case and other similar cases of selling counterfeit drugs,illegal storage of firearms,ammunition,explosives,environmental crime,etc.,analyses typical cases of undesirable expansion,and clarifies two criteria for undesirable expansion of administrative crime: one is to presume the understanding of illegality,the other is to blur the judgment of legal interests.It should be noted that typical cases are only examples of bad expansion,and the deep-seated judicial interpretation and changes in the concept of criminal law reflected by them are fundamental.Reasonable expansion of administrative crime should not only conform to the requirements of the times and expand the criminal circle,but also treat administrative standards and criminal punishment standards dialectically.The second chapter mainly elaborates the legislative attribution,judicial performance and the necessity of restricting the undesirable expansion of administrative crime.Section I analyses the causes of the undesirable expansion of administrative crime from the legislative level.Legislatively,the trend of the typification of administrative crime is obvious,and criminal punishment is in advance;administrative crime expands the scope of the main body and lowers the threshold of conviction;administrative crime reduces the standard of identification of subjective crime,and the way of determining its strict liability reduces the burden of judicial proof.The above three legislative factors are administrative crime.Poor expansion provides soil.Section 2: Judicial performance shows that judicial organs and administrative departments are not closely linked,and the interpretation of administrative appraisal standards is not clear,which is the judicial factor causing confusion in the application of law.The third section mainly elaborates the necessity of restriction of administrative crime.According to legislative attribution and judicial performance,the author believes that the unhealthy expansion of administrative crime violates the principle of modesty of criminal law and affects the rational allocation of social resources.Therefore,reasonable restriction of administrative crime should be carried out.Chapter III is mainly from the theoretical and practical perspectives,put forward reasonable ways to limit the undesirable expansion of administrative crime.In theory,first of all,it is the premise of reasonable expansion of crime to analyze the theory of the boundary between administrative and criminal illegal acts,and to clarify the boundary between administrative and criminal illegal acts.Secondly,from the perspective of criminal law interpretation,the restrictive interpretation of the conviction conditions of administrative crime is carried out.Aiming at the restrictive interpretation of the "gun identification standard" in Zhao Chunhua case,the question of whether the abstract dangerous crime can be allowed to counter-evidence is discussed.In practice,the conviction model should pay attention to the independence of judicial review,clarify the orientation of administrative identification standards in criminal proceedings,improve the system of execution cohesion,and establish the system of dynamic cohesion and evidence transformation between executions.