Research On The Expansion Limit And Restrictive Path Of Administrative Criminal Conviction

With the expansion of the influence of risk criminal law theory,administrative criminals continue to enter the criminal law system of various countries,and in the criminal law is expanding.By reviewing the criminal legislation of our country for decades,we can find that the legislative work against administrative criminals has become the focus of criminal legislation.Influenced by the theory of risk criminal law,this expansion will continue for some time to come.At the same time,there have been a number of widely disputed cases in judicial practice.Including Zhao Chun hua illegal gun case,Wang Lijun acquisition of corn case and so on.The emergence of these cases shows that in practice there are many confusions about dealing with administrative crimes,that is,for some acts that are in conformity with the administrative crimes,but may violate the common sense and common sense of ordinary people.The expansion of administrative criminals should not be unlimited expansion,but should be limited to a certain degree.This paper is divided into four parts:The first part is a historical investigation and local analysis of the administrative prisoners themselves.Divided into three sections:The first section introduces the historical source flow and internal classification of the concept of administrative offenders;The second section analyzes in-depth the theory of the distinction between administrative offenders and their "twin" concept criminal offenders.The third section of the administrative crime in our country presented the particularity of the specific development,local interpretation.The second part analyzes the expansion trend and limits of the conviction of administrative criminals in china.Divided into three sections:The first section will be the expansion trend of administrative criminals in China's criminal law system and its inevitability of the specific development;The second section analyzes the status quo of the conviction of administrative criminals in our country,and draws the conclusion that there is a danger of excessive criminal law intervention through specific cases.The third section draws from the perspective of:institutional risk and threat freedom guarantee that the expansion of administrative offenders should have certain limits.The third part analyzes the specific influence of the legal benefit theory on the conviction of administrative offenders from the perspective of the development of legal benefits and the legitimacy of the current legal benefits theory of administrative offenders themselves.Divided into three sections:the first section of the legal benefits from concrete,materialized legal benefits to abstract,spiritual legal benefits of the transformation of the specific development;The second section summarizes the three paths of the current theory of legal benefit to explain administrative offenders.The third section further analyzes the impact of these three paths on the conviction of administrative offenders.The fourth part puts forward the specific limit path of the conviction of administrative offenders on the basis of the above theory.Divided into three sections:the first section advocates the collective legal benefits of the protection of administrative offenders to make a concrete judgment;The second section classifys the abstract dangerous offenders of the"conviction problem" that often arises in administrative crimes and interprets them according to different kinds of restrictions;The third section criticizes the realistic trend of the absoluteization of administrative attributes,and emphasizes the independent judgment on the criminalization of administrative prisoners.