Research On The Criminal Function Of Administrative Licensing In Criminal Law

There are many crimes in my country’s criminal law that adopt the mode of "unauthorized..." and "violation of national regulations".By opposing interpretation and the application of favorable analogy rules,it can be concluded that administrative licensing is a reason for preventing crimes beyond regulations.From the perspective of the criminal law,the crime of "without permission" indicates that the administrative license at this time prevents compliance with the requirements,and "violation of national regulations" shows that the administrative license can prevent both the compliance of the requirements and the illegality.From the perspective of the classification of administrative licenses,administrative licenses can be divided into two types: controlling licenses and special licenses.The controlling license prevents compliance with requirements,and the special license prevents illegality.The prerequisite of the criminal function of administrative license is confirmed by the administrative procedure,the theoretical basis is the theory of legal interest measurement,and the criminal path refers to the theory of victim consent.However,there are many controversies in the criminal function of administrative license.For example,the theory of legal interest measurement will lead to the problem of incomplete criminalization of administrative license;whether the criminal standard is based on the independent judgment of criminal law on illegality or the effectiveness of administrative license itself.Be clear;when there is a misunderstanding about the administrative license,there is no room for legal mistakes,and they will stick to their own opinions.In order to clarify the above-mentioned problems,we must first clarify the ultimate significance of the infringement of legal interests in the determination of conviction,and at the same time,we must also recognize the compatibility of the detente monism with administrative licensing.Secondly,to reasonably restrict the criminal function of administrative license and determine its limit,we should start with the administrative license itself,the substantive elements of the crime and the scope of misunderstanding,so as to better realize the function of administrative license.