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Research On The Illegality Of Administrative Crime

Posted on:2020-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:X HeFull Text:PDF
GTID:2416330596980207Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the constant development of society,continuous expansion of economy,and the increasing of macro-economic intervention of the government,the era of traditional criminal offense has been changed to the era of administrative offense,obviously reflected in our criminal law.However,the administrative offense's double illegality characteristics,and some problems existed in theory study on our criminal illegality and administrative illegality have caused the chaotic phenomena “substitute fines for criminal punishment” and “substitute criminal punishment for fines” in handling of criminal cases.Therefore,the illegality study on administrative offense looks so important.Three questions must be clarified first during the illegality study on administrative offense.First,the reason for studying the illegality of administrative offense.Second,the definition of the illegality of administrative offense(what's the relationship with the administrative illegality?).Third,the judging methods of the illegality of administrative offense(namely,the way to identify the illegality of administrative offense in judicial practice).During the whole course of study,we must have the awareness to pose questions and solve them.The whole article is classified into four parts:In the Preface,the significance of illegality study on administrative offense is illustrated by the consideration of domestic cases,and the overall study contents and methods adopted are introduced.Part ?,“the concept of administrative offense”.First,related theories of the definition of administrative offense are elaborated,followed by the own viewpoint obtained by comparison and study.Second,the charges of administrative offense in criminal law are sorted out and classified.Finally,relevant characteristics of administrative offense are analyzed as per specific types that have been sorted out.Part ?,“the nature of the illegality of administrative offense”.First,the implication of illegality is introduced and analyzed,from which double illegality of administrative offense is put forward.Final viewpoint is obtained by relationship analysis based on multiple perspectives.Part ?,“the essential judgment to learn the illegality of administrative offense”.Administrative offense's criminal illegality and administrative illegality are analyzed and defined respectively through specific analysis of domestic cases based on introduction of relevant theoretical disputes.The final part,analysis of “the judgment standard to learn the illegality of administrative offense”.Layman's parallel evaluation is taken as the judgment standard through the introduction and analysis of disputes about related standards.
Keywords/Search Tags:administrative offense, illegality, administrative violations of law, criminal illegality, cognition of illegality
PDF Full Text Request
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