Research On The Substantive Requirements For The Transformation Of Administrative Lawlessness Into Criminal Lawlessness

The demarcation between administrative lawlessness and criminal lawlessness,represented by administrative crimes,is of vital importance for the research and practice in criminal law.Therefore,it is necessary to explore the substantive requirements of the transformation of the relationship between administrative lawlessness and criminal lawlessness in order to better regulate the expansion of administrative crimes in the field of traditional crimes.The essence of crime is infringement of legal interests,so whether infringement of legal interests should be the essence of the transformation from administrative lawlessness to criminal lawlessness.However,the concept of legal interest,which is not clear in connotation and extension,is not sufficient to give full play to the guiding function of legislation and justice.Therefore,it is necessary to start from the source of the development of administrative crime to explore what kind of legal interest is violated by administrative crime and in what way.Historically speaking,administrative crime is not a concept at the level of legal rules,but a collection of crimes with dangerous characteristics,which means that the difference in the degree of danger to legal interests is the essential criterion for distinguishing criminal crimes fromadministrative crimes.In this sense,we can establish some connection between administrative crime and abstract potential damage offense,thereby guiding the demarcation and transformation of criminal and administrative lawlessness by the regulatory tools of abstract potential damage offense.Neither "management order" nor "intermediate legal interests" can well explain the types of legal interests violated by administrative crimes.Therefore,administrative crimes must be regarded as crimes that cause real harm to the outer legal interests and thus cause abstract potential damage to the inner legal interests based on the theory of "double-layer legal interests ".Administrative crimes not only violate one legal interest,but violate two legal interests: the inner legal interest and the outer legal interest.The criminal law protects the outer legal interest as a means and the inner legal interest as an ends.Therefore,the principle of proportionality can be introduced to guide the proportional relationship between ends and means.The substantive requirement for the transformation from administrative lawlessness to criminal lawlessness can be expressed as "Administrative lawlessness + Causing actual harm to qualified outer legal interests + Causing danger to qualified inner legal interests = Criminal lawlessness".Only in this way can the relationship between administrative lawlessness and criminal lawlessness be better distinguished,with legal interests as the guide,the theory of double legal interests as the core and the principle of proportionality as the methodological tool.When applying the principle of proportionality to examine whether the relationship between administrative lawlessness and criminal lawlessness has transformed,it is necessary to define three substantive review steps: strict scrutiny,intermediate scrutiny and rational basis review.Only when certain administrative lawlessness causes substantive damage to the legal interests of the outer layer and further causes abstract potential damage to the legal interests of the inner layer,and at the same time pass the three substantive review steps of the principle of proportionality,can it be converted into criminal lawlessness.