Research On The Judgment Of Administrative Crime

With the rapid development of today's society and the transformation of modern government functions,executive power has penetrated into many areas of national management and public life.At the same time,the number of administrative crime is increasing.Administrative crimes have their own cross-cutting characteristics and involve both administrative and criminal law fields,increasing the difficulty and complexity of identifying administrative crime.At the same time,there have also been many hot cross-cutting cases in judicial practice,which have aroused heated discussions in society and further focused everyone's attention on issues related to administrative crime.In particular,the case of Wang Lijun's purchase of corn without a license and the case of Lu Yong's purchase of fake medicines caused a lot of uproar.The court's preliminary judgment and the people's simple legal feelings had a huge contradiction.Behind this type of case is exactly the problem of judging the illegality of administrative crime.The entire paper is divided into three chapters.The first chapter is the basic problem of administrative crime.On the one hand,the concept determination and characteristic analysis of administrative crime.Through the understanding of the concept of administrative crime by scholars at home and abroad,they found commonalities and determined that the administrative crime discussed in this article should be understood in a narrow sense.The scope of administrative crime is limited to administrative crime.According to the concept of administrative offenders and the existing legal norms of administrative crime,the author believes that the nature of administrative offenders is a crime.In addition,the biggest characteristic of administrative crime is double illegality,which has both administrative illegality and criminal illegality.Legal concepts,blank guilt and other aspects reflect the administrative subordinate attributes of administrative crime.But this administrative dependency is relative.Finally,due to the particularity of the field involved,administrative crimes also exhibit volatile characteristics.On the other hand,the identification of administrative crime lies in the judgment of administrative malfeasance and criminal violation.Regarding the distinguishing theory of administrative malfeasance and criminal violation,there are mainly qualitative difference theory,quantitative difference theory,and quality difference theory.Based on the analysis of the advantages and disadvantages of various theories,combined with the current status of legislation in China,the author supports the theory of quality difference.The second chapter is the analysis of the difficult points of judging the illegality.Theoretical analysis shows that the difficult points of judgment include the unclear boundary between administrative wrongdoing and criminal offense,and the relationship between administrative wrongdoing and criminal offense being unclear.Reasons such as vague language expression,variable and pre-emptive legal norms,and inconsistent demarcation standards all blur the boundary between the two to some extent.In addition,the dispute over whether criminal judgments are independent also makes it difficult to judge illegalities.From the understanding and application of the same concept,blank guilt,and the application of administrative determination results,the author argues that the relatively independent judgment of criminal offences is more reasonable.Difficulties in judicial practice are mainly manifested in two aspects,the lack of judgment of criminal violations and the lack of judgment of administrative irregularities.The former manifests as a phenomenon of punishment instead of execution and confusion.The latter manifests itself in the absence of prerequisite regulations and the direct identification of acts that lack administrative misconduct as administrative crime.The third chapter is the criterion for judging illegality.In view of the above difficulties,the author believes that under the premise that legislation cannot be changed quickly,it can be compensated from a judicial perspective.In the process of judging illegality,we adhere to two guiding principles.The first is the idea of unifying the law and order,adhering to the complementarity of the criminal law,and not using the criminal law easily;the second is the idea of judicature for the people,which fully protects the predictability of the people and prevents administrative wrongdoing from easily rising into a crime.In view of the difficulty in clearly dividing the boundaries,the author proposes several methods for common problems in practice in order to play a certain role.In the process of administrative wrongful judgment,it is necessary to clearly determine that the subject is a judicial organ.The judgment method is mainly based on objective judgments.Use reasonable forms of judgment to recognize the position of administrative wrongful judgment in the determination of administrative crimes.The more usefulness of administrative legal norms is reflected in the guidelines aspect.In the process of judging criminal violations,we must focus on the norms of criminal law and strive to achieve the goals of criminal law.Exclude the types of behavior that are not provided for in the criminal law,and at the same time strengthen the interpretation of the constituent elements of the crime and focus on substantive judgment.Of course,we must also refer to administrative judgments and pursue the unification of legal order.Refer to the applicable administrative norms,especially in the understanding of the constituent elements.In addition,we must pay attention to the substantive review of several types of administrative determinations.The author hopes that the research and solution of the above problems can reduce the problem of judging the illegality of administrative crime to a certain extent.Let pure administrative wrongdoing return to the field of administrative law and impose administrative punishment;let true administrative crime be attributed to criminal law and impose criminal punishment,so that the identification of administrative crime is more reasonable and fair.