Research On The Boundary Between Administrative Violations And Criminal Acts

The demarcation line between administrative violations and criminal acts is related to the boundary between crime and non-crime and the protection of human rights of citizens.In recent years,cases of Zhao Chunhua’s illegal possession of firearms,Wang Lijun’s illegal business,and Lu Yong’s sale of counterfeit drugs have continued to emerge.However,the judicial authorities’ treatment of these cases as criminal cases deserves reflection.Consequently,there is need to study the demarcation line between administrative violations and criminal acts from the standpoint of human rights protection.This article is divided into four parts:The first part starts with the definition of administrative violations and criminal acts,analyzes and demonstrates the relationship and difference between the two from a theoretical perspective.After absorbing and drawing on the rational factors of quality differentiation theory and quantity differentiation theory,the quality and quantity differentiation theory is further improved,that is,the premise of grasping the respective legislative purpose of criminal law and administrative law,and the premise of maximizing the effectiveness of administrative punishment and punishment.Based on the premise of quality differentiation,the so-called quality means whether the degree of ethical condemnation reaches the standard of punishable punishment;taking the difference of quantitative factors as the core,comprehensively consider the circumstances,amount,and frequency of illegal acts and consequences.The second part demonstrates the necessity of dividing administrative violations and criminal acts.First of all,it is demonstrated that the definite boundary between crime and non-crime is related to the implementation of the legal principle of criminal punishment;compulsory measures and investigative methods in criminal proceedings,the severity of criminal sanctions,and the existence of criminal records are related to the protection of human rights of citizens.Then,through some social hot cases,it was proved that the boundary between the two is related to the maintenance and realization of judicial credibility.The third part analyzes systematically the problems existing in the division of administrative violations and criminal acts.First of all,from the legislative level,the phenomenon of cross-cooperation between the Policy on Public Security Administration Penalty and Criminal Law is analyzed;then the tendency of judicial authorities to treat it as a criminal case when the boundaries between administrative violations and criminal acts are unknown.The reason lies in the existence of the existing quantitative theory and entity-only result theory in the performance indicators for combating crime.In addition,the abuse of criminal filing power in public security organs with dual functions of administrative law enforcement and criminal justice cannot be ignored.Finally,from the perspective of criminal trials,the current problems of mechanical criminal justice are analyzed.The fourth part mainly proposes some countermeasures to the problems extracted in the third part.First,in order to connect and coordinate the Law on Public Security Management Penalty and the Criminal Law,the method of further improving the corresponding judicial interpretation can be used to clarify the boundary between the two.Then,the current judicial system should be reformed with a view to ensuring fair and independent justice.The performance appraisal system strengthens the supervision of the public security organs’ exercise of the right to file criminal cases and gives full play to the restrictive role of the procedure.Finally,the criminal trial organs must adhere to the position of substantive interpretation,that is,the same terms of administrative law and criminal law can be interpreted in relative terms.Criminal judicial organs should maintain the status of independent judgment,that is,the conclusion of the determination of administrative responsibility is not the same as the determination of final criminal responsibility.Under the guidance of the legal benefits protected by the criminal law,certain behaviors that apparently conform to the meaning of the provisions of the criminal law,but which do not have the necessity and rationality of criminal punishment,are excluded from the criminal circle through narrowing explanations,thereby realizing human rights protection.