Distinction Between Administrative Violation And Criminal Violation

The identification and handling of administrative illegal cases and criminal illegal cases should be based on the theory of illegal relativity.The strict illegal monism based on the "quantity difference theory" advocates that the amount of"quantity" is used to judge whether it is a general administrative violation or a serious criminal violation.The legal interests protected by criminal law are ignored,the particularity of criminal law itself is ignored,the substantive consideration and adjustment of the overall legal order is abandoned,and its scope of application is also limited,so it should be abandoned.The relaxed monism of illegality is based on the idea of "criminal illegality=general illegality+punishable illegality",and adds the requirement of "quantity" to "illegality",but it still belongs to the camp of criminal law subordination."General illegality"emphasizes the destruction of the entire legal order,and has no substantive legal meaning,so it is not necessary to exist;the double judgment mode is that the pre-law determines the harmful nature of the criminal behavior.This model advocates the use of core areas and non-core areas to distinguish natural offenses from statutory offenses,but the standard demarcation between the two areas is blurred.In addition,my country’s "legislative qualitative and quantitative" model is based on the "quality difference theory".There is no basis for development in our country.On the other hand,the theory of illegal relativity has more advantages in theory and practice.It follows the requirements of the unity of legal order under the premise of fully affirming the independence of criminal law.The purpose of legislation is in the first place.It advocates a substantive interpretation of the constituent elements,and decides whether to use punishment according to whether legal interests are infringed,which can provide mature ideas for judicial decisions in the current risk society.