Investigating The Dependence Boundary Of Criminal Law On Administrative Law In Execution Connection From Zhao Chunhua's Case

With the development of social economy,the relationship between criminal law and administrative law is closer.Because administrative legal norms often regulate the contents of professional fields in detail,which leads to the strong dependence of criminal law on administrative law in legislation and judicial practice.It should be recognized that the dependence of criminal law on administrative law is reasonable because of the different nature of the the two laws.But if the dependence exceeds the necessary limit,it will weaken the independence of criminal law itself and make the legislation and judicial practice deviate from the original intention of the legislator.The legislative purpose of criminal law and administrative law is different,so is the protection of legal interests.In the process of execution,the two laws should perform their respective duties,coordinate and cooperate with each other.Criminal law and administrative law inevitably overlap on some regulatory issues.As for the legal nature of cross norms,the boundaries tend to be blurred in practice,and there is a phenomenon that criminal trial is based on administrative legal norms for conviction and sentencing.As a result,there are many controversial cases in the field of judicial practice,which are beyond the predictability of the people,causing an impact on the authority and credibility of criminal law.The case of Zhao Chunhua's illegal possession of guns in 2017,that is,the case of Tianjin's old lady beating balloons,is such a typical case.After the first and second trial,leniency sentencing can not properly settle social disputes and achieve the unity of legal effect and social effect.Even if the case has been settled,there are still a large number of similar cases that cause difficulties in public recognition.The relationship between the two laws in the practice of execution connection reflected in the case of Zhao Chunhua has not been completely solved,and it is still worth exploring.In this paper,Zhao Chunhua's case is the main entry point.The paper also list similar cases and related social hot issues in recent years.By combining domestic legislation and judicial practice,the paper discuss following issues mainly.This paper is divided into six chapters.The first chapter is the introduction,which introduces the background and ideas of this article.The second chapter introduces the basic case and the judgment result of Zhao Chunhua's illegal possession of guns in detail,and then through the analysis of the dispute focus on the case,throws out the issues explored in this paper.The third chapter discusses the current situation and problems of the lack of independent judgment thinking in the field of legislation and justice,and then expounds the significance of maintaining independence in criminal law.The fourth chapter mainly analyzes the generality and particularity of the relationship between criminal law and administrative law,and studies the reasons for the poor cooperation between the two laws in the current practice of execution connection.Therefore,the reason why Zhao Chunhua case is beyond the national predictability is that the dependence of criminal law on administrative law exceeds its due boundary in legislation and judicial practice,which leads to the lack of its own independence.The fifth chapter compares and analyzes the international theories about the boundary relationship between criminal law and administrative law,studies the significance and scale of the dependence and independence of criminal law on administrative law,and puts forward the ideas and directions to solve the problem of execution relationship in practice.The sixth chapter discusses how to solve the problem of excessive dependence of criminal law on administrative law.In criminal legislation,we should pay attention to the boundary of dependence and follow the proportional principle.In criminal judicial practice,we should also adhere to the independence of criminal law,legal interpretation should conform to the possibility of national prediction,and the judgment of illegality should adhere to the combination of subjective and objective.Starting from the legislative purpose of criminal law,the combination of legislative and judicial means is expected to achieve the unity of independence and dependence of criminal law in the connection of execution,and finally achieve the organic unity of legal effect and social effect.