Research On The Crime Of "Multiple Administrative Illegal Acts"

The criminalization of "multiple administrative illegal acts" refers to a situation in which a person who violates the law has repeatedly committed administrative violations of the same nature,which is formulated as a crime by the criminal law because has certain social harmfulness.In recent years,my country’s criminal law and judicial interpretations regarding "multiple administrative illegal acts" as a condition for conviction and sentencing have been increasing.The theoretical basis behind the criminalization of "multiple administrative violations" mainly include "criminal policy theory" and"criminal law guarantees".“Functional theory","personal risk theory" and"legal falsification theory",the theoretical circles have regarded the "personal risk theory" and "legal fictional theory" as the theoretical basis for the criminalization of "multiple administrative illegal acts".The legitimacy is quite divided.First,with regard to the "physical danger theory",the negationists believe that taking the personal danger reflected in repeated administrative violations as the basis for criminalization is inconsistent with my country’s objective criminal law theory;The affirmatives mainly believe that the perpetrator is justified from the perspective of "risk society" and"multiple administrative illegal acts",which can indirectly reflect the serious social harm of the perpetrator.Second,with regard to the "legal falsification theory",The legislature adopts the method of legal fiction to stipulate the content that belongs to the administrative regulation system into the criminal law.There is no major dispute.The dispute here mainly focuses on the authority to interpret whether the agency’s judicial fiction has violated the principle of statutory crimes and penalties.Secondly,the current laws and judicial interpretations of our country have incomplete regulations regarding"multiple administrative illegal acts" as the conditions for conviction and sentencing,and lack of time and frequency limits."Administrative punishments" that have been convicted of“administrative punishment".There is no distinction between types and ranges,leading to contradictions and problems in the specific application of judicial practice.Third,the type of crime that constitutes "multiple administrative illegal acts" presupposes the existence of administrative violations by the offender.In practice,some Administrative staff will substitute punishment for cases that have been suspected of constituting a crime because of the private interests of the unit.Failure to transfer cases in time has caused problems in the connection between administrative law enforcement agencies and judicial agencies.