On The Control Of Criminalization Of Administrative Illegal Activities

Regarding the handling of criminalization of administrative violations in China,this trend has been revealed since the beginning of the 90s,and this trend has intensified.Especially in the high-speed transmission of information today,more and more criminalizations of administrative violations have been made public,leading to public outcry.Although the criminalization of administrative violations is convenient to a certain extent for government functional departments to manage society,its punishment for violations is more prominent,but the violation of civil rights can not be ignored.In order to control the criminalization of administrative actions,this article mainly Divided into four parts to study this issue.The first part mainly introduces the background of the criminalization of administrative violations,including the social background analysis of the development of social changes leading to new types of violations of existing laws and regulations.The increase provides a legal premise for the treatment of administrative violations and crimes.The second part introduces the performance of administrative violation and criminalization.On the one hand,it is an excessive interpretation of legal provisions and legal facts during the trial process.The law has criminalized actions that are no longer worthy of conviction and punishment.The third part is to analyze the causes of the aforementioned performance.First,it summarizes the abstractness and high generality of the blank guilt,resulting in a large number of judicial interpretations to be corrected,but the judicial interpretation itself also requires interpretation and application,and the method of interpretation is not limited It is not difficult to understand the appearance and application of a large number of incriminating judicial interpretations.Another big aspect is the issue of evidence collection and adoption of conviction evidence,that is,the evidence searched by administrative means is generally not subject to the rules of exclusion of illegal evidence,and the dual attributes of public security organs are also more easily obtained to a certain extent..Even if the above problems can be avoided,the function of the judiciary itself belongs to the trial work,and there is a certain degree of dependence on problems in other specific fields,and it is easier to have a certain tendency in the case trialThe fourth part is to limit the suggestions on the collection and adoption of conviction evidence from the beginning of the execution of connection procedures;and in the process of administrative law enforcement,investigation or trial,the interpretation of the law cannot be kept literally,not only combining the facts of the case In addition,it is necessary to analyze whether relevant laws require different interpretations due to changes in the times;and in the trial process,it is necessary to start from the independent determination of the elements of the crime and independently determine the facts of the crime.