The Criminalization Of Administrative Violations Is Examined In Response

In order to strengthen the needs of social management,adapt to the development of state functions and improve the structure of criminal law in our country,the process of criminalization of administrative violations has been accelerated.There are a lot of administrative crimes in the current criminal law,and the amendments to the criminal law introduced in recent years also obviously carry the color of criminalization of administrative violations,so that the criminalization of administrative violations is developing in the direction of rapidly increasing the number of crimes,gradually expanding the field and gradually lowering the threshold.The criminalization of administrative violations effectively solves some social problems,because of the vague criteria of distinguishing administrative violations from criminal offences,a series of cases of criminalization of administrative violations appear in judicial practice,which arouses public dissatisfaction with judicial judgments.Through the interpretation and analysis of the criminalization of administrative violations,this paper puts forward the view of reasonable restriction on the criminalization of administrative violations on the basis of affirmation.In addition to the introduction and conclusion,the text is divided into the following four parts:The first part provides an overview of the concept and present situation of criminalization of administrative violations.By defining the concept of criminalization of administrative violations and administrative violations,it is clear that this paper mainly focuses on how to determine administrative violations when the administrative counterparts carry out administrative violations.Through the comparison between the amendment of criminal law and the administrative law and regulation,it is concluded that the number of criminalization of administrative violations in Our country has changed from less to more,the areas involved have changed from relative concentration to gradual spread,and the threshold of entry has changed from relatively strict to gradually decreasing.The second part of the administrative violations of the criminal ization of the assessment.On the one hand,with the strengthening of administrative management,the legal harm of administrative offenders is becoming more and more obvious,and the criminalization of administrative violations can adapt to the development of state functions and effectively strengthen the order of social management.On the other hand,the expansion of the criminalization of administrative violations is a challenge to the function and positioning of criminal law,and some administrative violations and criminal acts have no clear boundary,in the judicial practice,the difficult situation of identification,economic activities in this kind of illegal acts are particularly typical.According to this,reasonable restrictions should be made in the process of criminalization of administrative violations.The third part is the principle of distinguishing between administrative law and criminal offence.Through the analysis of the three theories of "quality difference" and "difference of quantity",the view that the quality mix is more suitable for the development of our country is put forward.On this basis,the principle of distinction between administrative law and criminal offence is put forward: first,the violation of the law has the infringement of legal benefit,second,the collective legal benefit of the violation of the illegal act can be transformed into personal law benefit,and third,the violation of the law of the violation of the law reaches the degree worthy of punishment.The fourth part of the administrative violations of the criminal response.First of all,it is clear that the guiding principle of criminalization of administrative violations should be based on the concept of the guarantee function of criminal law,adhere to the guarantee function of criminal law,and at the same time,the prediction possibilities of the people should be satisfied in the process of criminalization,and the precautionary principle should be followed in the course of legislation and judicial practice,so as to better safeguard the legitimate rights of citizens.Secondly,the legislative response,from the legislation to analyze the rationality of the criminalization of administrative violations,and put forward reasonable restrictions on legislation: to ensure the coordination of criminal law and administrative law legislation,to avoid the legislative and judicial recognition of contradictions;Finally,the response in the administration of justice,in the aspect of judicial determination is mainly aimed at administrative violations of aggravated crime.First,the composition elements of the administrative violation aggravated offence should be analyzed from the subjective and objective aspects.Secondly,in the process of judicial determination,the administrative violation of the constituent elements of aggravated crime to be substantively explained,first,whether the violation conforms to the criminal law in line with the elements of the criminal composition,the non-conformity of the constituent elements of the act excluded from the criminal offence.The second is to meet the elements of the crime after the degree of violation of legal benefits to meet the seriousness of the requirements of criminal law to screen.The third is to judge the perpetrator's awareness of illegality,and to require the perpetrator to have the possibility of recognizing the behavior in the administrative law level,and the possibility of recognizing the criminal law at the level of criminal law.At the same time,in the process of judicial determination,we should establish the principle of independent judgment of the judiciary.