On The Modest Application Of Norms Of Administrative Criminal Law

We have lived in an "administrative offense era",while the specific use of norm of administrative criminal law is increasingly focused by people,which has become the research topic with theoretical significance and practical value.Administrative criminal law is produced on the basis of the realistic demand of the development of administrative law,and meanwhile,it is planted in criminal law and developed in it.Therefore,its specific use involves the relationship of administrative law and criminal law,relationship of administrative illegal and criminal illegal,but also the legalisation and limitation of intervene of criminal law into administrative law these criminal boundary theories.The reality is that the norm of administrative criminal is expanding consistently in legislation,while as to judiciary,there are consistent disorders on the normative use of administrative criminal law.All these reflect the judicial status of lacing of restraining norm of administrative criminal law.There is no doubt that the expansion of norm of administrative criminal law widens the model of social governance,solves some problems of current society effectively,but it also brings some negative influences and major hidden dangers.Under such a background,the main problems of the research are how to keep the restraining principle of norm of administrative criminal law in specific use and solve the judicial problems.On the basis of these problems,in this thesis,firstly,it starts from the empirical case to expose the judicial dilemma of administrative criminal law,takes the basic theoretical disagreement of it at the core to analyze the factors,then it can find the theoretical conflict and the reason of it,so that it can look back upon"restraining" this basic position and find the solution of it.In addition to introduction,there are four parts in total,and the specific contents are as follows:In the first part,it investigates the judicial dilemma of the normative use of administrative criminal law.By means of the research on the cases,it can present the status and features of lacking of restraining in the specific use ofnorm of administrative criminal law directly.Judicial dilemma is mainly shown in the following aspects,which are the acting with punishment due to the lacking of judgement of criminal irregularity,overcriminalization due to the lacing of judgement of criminal irregularity,conflict of absolute subordinate pre-determined by administration,and Poor convergence of penalty execution due to the limitation of blank facts about a crime,while the main features of it are the enlargement,stereotype,and overcriminalization of normative use of administrative criminal law.In the second part,it analyzes the theoretical disagreement of the normative use of administrative criminal law.By means of the investigation in the above practice,it further starts from theory and gets that conclusion that the unclear theoretical disagreement causes the practical dilemma.The related theoretical disagreement can be divided into the theoretical disagreement of monistic illegal and multiple illegal,theoretical disagreement of qualitative difference theory and quantitative difference theory,and theoretical disagreement of illegality dependence and independence.By means of the theoretical disagreement and practical dilemma,it can form into contrast,which can drive the specific use of norm of administrative criminal law.In the third part,it explores the position choice of the specific use of norm of administrative criminal law,including four dimensions,which are speciality of norm of administrative criminal law,theoretical evolution of social development and administrative criminal law,ambiguous execution relationship of "dual system" is the legislative consideration of restraining use,and negative influence of dilemma of norm of administrative criminal law is the reverse investigation on restraining use,then,it can analyze the realistic demand for social government,and put forward the necessity of sticking to restraining position in the specific use of norm of administrative criminal law.In the fourth part,it specifies the method of the restraining use of norm of administrative criminal law.On the basis of above research,it puts forwardthe specific methods,which are strengthening penalty execution coherence,completing the interpretation of criminal law,playing the role of legal interest,and sticking to independent judgement of criminal law.