Research On The Judgment Of Criminal Illegality Of Administrative Offenders

Administrative offense is a crime premised on administrative offense,and the determination of its criminal act must go through the process from the determination of administrative offense to the determination of criminal offense,thus the determination of the illegality of administrative offense becomes the key to the determination of administrative offense.At present,China's administrative offense legislation model is centralized legislation,which can guarantee the stability of criminal law,but also contradicts with the changing administrative offense,which also causes many negative consequences and potential risks.Theoretically,the criminal illegality of administrative offenders is dependent on the result of the predecessor law,which makes the independence of criminal law suffer.In judicial practice,the reliance on the administrative antecedent's illegality judgment also leads to the emergence of different judgments in the same case and cases that deviate from the people's legal feelings.Therefore,the judgment of criminal illegality of administrative offenders should be based on the basic principle of unity of legal order,so as to guarantee the independence of criminal law.To explore the path of judging the illegality of administrative offenders,we must first understand the connotation of illegality,accurately grasp the dual illegality of administrative offenders,and clarify the boundary between administrative and criminal offenses.The theoretical controversy over whether criminal illegality should be absolutely subordinate to the provisions of the antecedent law has formed three theories: strict illegal monism,moderate illegal monism and relativism.Among them,the relativism of lawlessness believes that the judgment of administrative offense illegality has a certain subordination,focusing on the independent judgment of criminal law.This doctrine can be better compatible with the principle of unity of legal order,so the relativism of lawlessness is more in line with our legislative model.Finally,through the practical test of the judgment path of the relativism of lawlessness for the crime of drunken dangerous driving,the difficulties of the poor connection between execution and punishment and the absolute subordination of the judgment of lawlessness of administrative offenders are cracked.