On The Conviction Function Of Administrative Penalty

The conviction function of administrative penalty plays an important role and has many applications in judicial practice.Administrative penalty is one of the means of administrative management,which belongs to the category of administrative legal relations.The administrative penalty discussed in this paper refers to the specific facts of administrative penalty that have been punished by administrative organs and have been taken into consideration by criminal law.In judicial practice,with the fact that "any administrative punishment" as a condition of conviction,the function of criminal law embodies the provisions and judicial interpretations,main show is: will any administrative punishment of facts as the basis of that knowing that,as the basis of lower the standards of constitutive sin,and as the basis of directly into the sin three,article based on the law and judicial interpretation,on the function on the basis of the reality of the additional constraints to comb,a specific number,time and frequency,number plus damage patterns,and a time and times and damage model.On the basis of combing and induction,the rationality of the conviction function of administrative punishment is analyzed in detail,which is helpful to strictly limit the crime circle,meet the needs of the nature of responsibility,and make up for the deficiencies of legislation and system.At the same time,the author affirms the conviction function of administrative penalty from both positive and negative aspects by negating the conviction function of administrative penalty from the opposite side,that is to say,negating the conviction function of administrative penalty from the violation of the principle of forbidding repeated evaluation,from the objectivism of criminal law,and from the conflict with legislative fiction.Through combing,to better play to the conviction function of administrative punishment,administrative penalties are applicable principles of the conviction,insist on the principle of administrative priority,end the principle of administrative penalties),applicable rules of(strictly on the basis of traditional standards define the crime ring,strict limits on administrative penalty in that knowing the role of administrative penalties,effectively the function of the conviction andsentencing),put forward administrative penalty conviction function ought to be additional restrictions mode,namely USES the time plus number and damage model,a unified specification applicable mode,to avoid the abuse of judicial power.