Study On The Interlegal Coordination Between Criminal Law And Public Security Administration Punishment Law

The relationship between "Criminal Law" and "Public Security Administration Punishment Law" is actually the relationship between two department laws.In practice,the relationship between department laws is usually independent of each other,but the relationship between criminal law and public security management and punishment law is very special,part of the provisions in the two laws are the same or similar,which causes the contradiction in the practical application,it is necessary to reasonably coordinate the relationship between the two laws to solve this dilemma.This paper analyzes the conflict and congruence of the two laws,and then puts forward the basic position of the coordination between the two laws,trying to solve the practical problems between the two laws.This article is about 50,000 words,mainly divided into five parts.The first part is the introduction,mainly about the purpose and significance of this paper,the research status at home and abroad as well as the main research ideas and innovation points.First,the purpose and significance of this paper mainly lies in the analysis of the qualitative relationship between the two laws from the perspective of the inter-legal coordination,and put forward the basic position to deal with the inter-legal coordination between the two laws,in order to make the two laws in the practice of better cohesion and application.Second,through reading domestic and foreign literature and works on the coordination between the two laws,sort out the literature reading report,and analyze the research status at home and abroad.The third is to write this article through the method of logical reasoning,from the theoretical point of view to the practical problems are discussed.The second part is a review of the main theories of the relationship between the two laws,mainly from the current academic circle of our country there are three main views:including the theory of concurrence of law articles,the theory of concurrence of responsibility and the theory of conflict,through introducing and criticizing the three theories respectively,finally put forward my own view,that the two laws is the coordination between the law.Emphasis in this chapter in detail from different points of view,summarized the "criminal law" and "public security management punishment law coordination,so as to put forward the relationship between the reduced qualitative thinking,analysis of the positioning of the relationship between the reduced the premise,from comparing the relationship and difference between the reduced,to put forward the method to solve the problem of flow method applied successively,to later studies the reduced coordination as basic position.The third part deals with the basic position of interlegal coordination.This chapter mainly includes three parts: adhering to the dual sanction system,substantial social harm and adhering to the principle of equivalent punishment.From the perspective of dual sanctions system,the debate between monism and dualism first leads to why China should adhere to the dual sanctions system.The first is the view of protecting the people in our legal tradition and the theory of social contract in the western legal tradition.The second is the principle of restraint of punishment.Second,insisting on the substantial social harmfulness requires us to firmly grasp the substantial evaluation of the social harmfulness of criminal acts.Including legislative principle and judicial principle.To clarify the different meanings of the same concept in the Criminal Law and the Law on Punishment for Public Security Administration according to the relevant judicial interpretation and the application of substantive interpretation.Third,adhere to the principle of commensurate crime and punishment.Using the criminal law interpretation function of the principle of crime and punishment,on the one hand,using the principle of crime and punishment to explain some different understanding of the words in the criminal law norms and public security management punishment law;On the other hand,the principle of the equivalent of crime and punishment is used as the basis for choosing different explanatory conclusions.The fourth part is the practical application of inter-legal coordination between two laws.By applying the basic position of dealing with the interlegal coordination between two laws,the paper puts forward the explanation method to solve the practical application dilemma.By comparing the reduced law of same and different,bring forward three have overlap in the criminal law and security law,the need for substantial rationality judgment of antisocial behavior,embarks from the actual cases,analysis of three types of clauses: antisocial behavior similar to that of seal,entice others drugs are fake and pornographic materials class,antisocial behavior analysis in the reduced respectively about the qualitative controversy and antisocial behavior in judicial some practical problems encountered in the specific case,and finally puts forward the author summed up in the international coordination with relevant antisocial behavior rules.In order to achieve the choice of reasonable explanation reason,draw a proper explanation conclusion,so as to effectively coordinate the two laws.The fifth part is the conclusion part.By summarizing the whole content of this paper,the final conclusion is put forward to deal with the inter-legal coordination between the two laws.For some antisocial behaviors with the same provisions,whether criminal law should be applied or public security punishment law should be applied,we should correctly analyze the basic connotation of every same or similar antisocial behaviors and make a correct qualitative analysis.For some practical problems of illegal acts with overlapping norms encountered in practice,it should be judged according to the substantial rationality in combination with corresponding identification rules.If its harm is large and the circumstances are serious,it should be judged as a criminal act and criminal law should be applied.If the harm is small and the circumstances are slight,it should be judged as an illegal act and the law of public security punishment should be applied.Combined with the actual situation of the case analysis and thinking,so as to effectively coordinate the two laws between the law.