| Cases of "violating state regulations" have aroused widespread public concern,such as the"Zhao Chunhua case" and the "Lu Yong case".The focus of these disputes depends on the settlement of theoretical issues related to the criminal law,That is,the ambiguity of the scope of "violation of state regulations","violation of state regulations" and the ambiguity of the criminal illegal relationship,and the cognition of the relevant actors on "violation of state regulations".This article first discusses the "State Regulations" and its scope.Judging by the rule of crime and humility that confirmed by law,its should not expand range for better protection.local government regulations and internal normative documents of units do not belong to the"national regulations" in article 96 of the criminal law.Although the expression of "violation of state regulations" is different in the criminal law,it is usually regulated by article 96 of the criminal law,and only in special cases refers to departmental regulations."Violation of State Regulations" crimes in judicial Concerning the connection between administrative law and criminal law,according to the monism of relaxed violation,administrative violation is an important element of criminal violation,but violations of predecessor regulations do not necessarily constitute crimes and need Make independent judgments on the criminal law,with particular emphasis on substantive interpretations.If a certain behavior meets the constitutive requirements of the criminal law,but does not infringe the legal interest or the infringement of the legal interest is relatively minor,it should be excluded from the crime through interpretation to achieve the form and internal unity."Illegal State Regulations" crimes must be evaluated,convicted and sentenced in accordance with the clear provisions of the law in the judicial determination process.Since legal crime is different from natural crime,it has weaker morality,double illegality and higher variability."Illegal State Regulations" crimes should be considered in the specific judicial determination whether the perpetrator has a misunderstanding of the constitutive elements of the law,and if there is an intentional error,it will not constitute a crime. |
