The Investigation Of The Independence Of Criminal Law Under The Intersection Of Criminal And Criminal Law

In recent years,the relationship between criminal law and administrative law has been a hot topic in academic circles.Criminal law and administrative law are legal norms that are parallel and mutually compatible in different fields,but with the blurring of the boundaries between the two,criminal law and administrative law appear to cross each other.In addition,in the intersection of criminal law and administrative law,there are frequent problems in the legislation and in the judiciary.The hot debate in the society is higher than the wave,and the authority of the criminal law is questioned.There are so many problems in intersection of criminal law and administrative law.In the final analysis,the lack of independence of criminal law in the intersection of criminal law and administrative law makes the criminal law have excessive dependence on the legislative and judicial aspects of administrative law.In this context,how to make the criminal law maintain independence in the intersection of criminal law and administrative law,solve the problems of legislation and judiciaiy,and properly coordinate the relationship between the two are the main issues discussed in this paper.The first chapter is a brief analysis of the lack of criminal law independence in he intersection of criminal law and administrative law.The lack of independence of criminal law is mainly reflected in the legislation and the judiciary.In the legislation,it mainly manifests the contradiction between the provisions of the administrative law and the provisions of the criminal law,the connection between administrative punishment and criminal punishment.In the judicial system,it mainly manifests as administrative presumption and administrative appraisal affect conviction.The second chapter is about whether the criminal law maintains independence.The fundamental problem of the lack of independence of criminal law under the intersection of criminal law and administrative law is that the criminal law is too dependent on administrative law in legislation and justice.Whether the criminal law is independent or not,the theoretical circles have different views on the legislation and the judiciary.Criminal law should be independent in die legislative and judicial aspects.In legislation,criainal law has been an independent law since ancient times.In the judicial system,according to the characteristics of Chinese criminal law,the mitigating illegal monism is more in line with China's legislation and judicial.Therefore,under the criminal law of our country,the illegal judgment of criminal law is also independent.Otherwise,the inability of the criminal law to maintain independence not only makes the public question the authority of the criminal law,but also makes the criminal judgment result not accepted by the public.In the long run,it has seriously damaged the legal order and social stability.The third chapter is the theoretical basis for maintaining independence of criminal law in the intersection of criminal conduct It is mainly divided into three parts.The first is to analyze the particularity of the intersection of criminal law and administrative law.Standing in the comparative perspective with the intersection of criminal law and civil law,it is clear that the dependence of the criminal line has its special significance;the second is the reflection of the relative nature of the criminal law.Because criminal law has a long-term relationship with the formation and existence of administrative law dependency,although the criminal law needs to maintain independence in both legislation and judiciary,this independence is not absolute independence,but needs administrative law.The provisions and administrative illegality sre coordinated and relatively independent;the third is the overall thinking on the path of criminal law to maintain independence in the intersection of criminal law and civil law,including the recognition of legal interest and social harm from the legislative aspect and the criminal law from the perspective of normative interpretation.Independence to determine the direction in which criminal law remains independent in a specific practice path.The fourth chapter is the practice orientation of maintaining the independence of criminal law in the intersection of criminal law and civil law.The first is how to make the criminal law maintain independence in the legislation.This is to introduce the principle of proportionality in the field of criminal legislation.Under the guidance of the principle of proportionality,it is based on the social harmfulness of behavior and the judgment of infringement of legal interests to take independence of the criminal;the other part is how the criminal law maintains independence in the field of criminal justice.It is necessary to adhere to normative interpretation,to the purpose of interpretation and to the interpretation of citizens' predictability.In the case of illegal judgment,it is subjective to insist on criminal violations.Objectively independent of both aspects.On the subjective side,it is necessary to determine that the behavior of the perpetrator is illegal,and that the perpetrators illegal understanding must adhere to the normative judgment,and that the perpetrator's illegal understanding of his or her behavior needs to be able to understand that the behavior is prohibited by the criminal law.However,the perpetrator is not required to know whether his or her conduct is a crime.On the objective side,even in the legislation,whether an act has been judged by the criminal law to be socially harmful and legally infringing,but in criminal justice,it is still necessary to confirm further conduct the behavior of the perpetrator in these two aspects.