Research On The Criminal Significance Of Administrative Decision

Criminal law and administrative law are two important department laws in China’s legal system.Under the background of continuously promoting the smooth connection of execution,the criminal significance of administrative processing decision is becoming increasingly prominent.Starting from the administrative attribute theory of criminal law,this paper analyzes the theoretical basis of administrative treatment decision with criminal law significance.After that,it comprehensively analyzes the significance of administrative treatment decision to criminal law in legislation,judicature and penalty execution.Specifically,this paper includes four parts.The first part discusses the administrative subordination theory of criminal law and the concept of administrative treatment decision in the sense of administrative law and criminal law,and puts forward the theoretical basis that administrative treatment decision has the meaning of criminal law.The second part discusses the criminal law legislative significance of administrative decision.Starting from the provisions of the criminal law related to the execution,this paper puts forward that its legislative significance is to concretize the constitutive elements of the crime,make up for the lack of professionalism in the administrative matters involved in the criminal law norms,and realize the formal and substantive objectives of the penalty setting.The third part discusses the criminal law judicial significance of administrative treatment decision.Criminalization: administrative confirmation fills in the constitutive elements of crime;Administrative punishment plays different roles in different types of crimes;The administrative order has become the source of obligation of the obligor;As the object of crime,administrative license realizes the perfection of the constitutive elements of crime.In the aspect of committing a crime,administrative punishment can be used as a legal reason to block the responsibility;Administrative license or blocking the constitutive elements of crime should be appropriate,or blocking the illegality of crime has the significance of crime.In distinguishing this crime from that crime,the existence and different types of administrative treatment decisions become the basis for distinguishing this crime from that crime.In terms of sentencing,the administrative decision makes the distinction between the degree of circumstances concrete;In terms of sentencing circumstances,it regulates the exercise of judges’ discretion;In the probation system,the administrative decision shows the value goal of the establishment of the probation system.The fourth part discusses the significance of administrative treatment decision to penalty execution.The decision of administrative treatment indicates that the criminals meet the substantive conditions for the application of commutation;The application of parole is guided by reflecting the core element of "no risk of recidivism".