Administrative Subordination Of The Administrative Criminals

The concept of the administrative crime was proposed by the Germans.With the development of economy,administrative crime has developed in China.As criminal behaviors,the premise of the establishment of administrative crime is a violation of the administrative regulations.This is not only the characteristics of administrative crimes,but also the legal basis for administrative subordination of them.The administrative subordination of the administrative crime can be divided into the subordination of concepts,the subordination of administrative regulations,and the subordination of administrative actions.The reason why the concept of administrative subordination is proposed is because administrative subordination has many values.In the legislative level,it can provide legislative material for administrative legislation.In the judicial level,it is conducive to the cooperation and restriction of judicial power and administrative power.It highlights that the criminal law is the last safeguard law of the entire law system,and it can maintain the relative stability of the criminal law and the unity of the entire legal order.But over-reliance on administrative regulations will cause many problems,like the judiciary is confused about how to apply the law,and cannot distinguish the difference between administrative violations and administrative crimes.Then,it will lead to an inappropriate range of administrative crimes and the expansion of criminal law.Subordinates to administrative actions will deprive the power of judiciary and violate the principle of legality.In the level of responsibility,it will lead to conflicts between administrative responsibility and criminal responsibility.To exert the value of administrative subordination,we should improve its application.First,the judicial organs should review the legitimacy of administrative actions in order to safeguard the independence of criminal law.Second,the judicial organs should learn to judge whether the behavior is an administrative crime or an administrative violation,it can prevent the wrong use of criminal punishment or administrative penalty.Thirdly,strengthening the administrative-criminal penalty connection,and providing procedural protection for administrative subordination.Finally,standardize the rules of coincidence for administrative responsibility and criminal responsibility.It is hoped that these measures can exert the value of administrative subordination,promote the development of administrative criminals and help the legislation and justice of administrative crimes.