Study On The Application Of Predicate Administrative Norms In Criminal-Administrative Crossover Cases

Based on the needs of social governance,the process of criminalization of administrative violations has been accelerating,and the determination of the connotation,nature and results of an act by criminal law often relies on the judgment of administrative norms,and the phenomenon of the interconnection of criminal law and administrative law has gradually increased,and the effect of the application of the antecedent administrative norms directly affects the outcome of criminal-executive crossover cases.Therefore,how to apply the administrative norms of criminal law has attracted wide attention from the public and academia.After combing through the literature,it is found that there is a lack of systematic research on the antecedent administrative norms,and the concept and types have not yet reached a consensus,and the theoretical support still needs to be enriched.The increase of criminal-executive crossover cases reveals that there are still many problems with the antecedent administrative norms,such as the lack of antecedent administrative norms legislation,confusion in the application of criminal law and even deviation from public expectations.Therefore,it is of great theoretical and practical significance to study the legislative and judicial problems of the antecedent administrative norms in cross-criminal cases.The main content of the thesis contains an introduction and four major parts:The introduction mainly introduces the research significance and the current situation of this topic.The second part presents the cases and problem analysis,and defines the concepts of criminal-executive crossover and antecedent administrative norms.Through the demonstration of three types of typical criminal-executive crossover cases in judicial practice,the problems of antecedent administrative norms in the application of criminal law are pointed out in a point-by-point manner.We define the concept of criminal-executive crossover and analyze the interaction between criminal law and administrative law in terms of substantive law implication.The third part mainly analyzes the specific reasons for the dilemma of the application of pre-administrative norms in criminal and criminal cases.Specifically:on the one hand,the relevant legislation of the pre-administrative norms is insufficient,the lag of administrative legislation leads to the lack of citation of administrative norms for some blank crimes,and the lack of uniform provisions on the types and scope of pre-administrative norms in the criminal law,resulting in ambiguous scope of application.On the other hand,in criminal justice practice,the judgment of criminal law independence is lacking,and the standards of administrative norms before judicial interpretations are inconsistent,resulting in improper application;Mechanical application of administrative norms and administrative determinations,resulting in excessive criminalization;The judicial organs did not accurately understand the functional differences of the preceding administrative norms and the uniqueness of the nature of procedural administrative norms,resulting in confusion in their application.Criminal and administrative crossover cases involve administrative law and criminal law,and the two departments of law have different standards for judging the illegality of behavior,but judicial practice over-relies on administrative illegality and ignores the independent judgment of criminal illegality,blurring the boundary between administrative law and criminal law.Therefore,to solve the problems of the antecedent administrative norms in the criminal-executive crossover cases,the theoretical basis of the boundary between administrative and criminal illegality should be established first.The fourth part is to find the theoretical basis for solving the application of criminal law in criminal-administrative crossover cases.Combing the German theory of quality difference and the Japanese theory of illegality judgment,establishing the quality difference can provide a dual judgment path of quality and quantity for the determination of criminal illegality,constructing a criminal illegality judgment system based on the monism of moderated illegality,clarifying the relationship between administrative and criminal illegality,i.e.,there is no administrative illegality without criminal offense,and the behavior with administrative illegality should be criminal illegality independent judgment before criminalization.Judgment.The fifth part of the typical cases,application problems and theoretical basis,put forward three paths to solve the problem.The first is to optimize the legislative technology of the former administrative code and clear application rules,followed by the independent judgment of criminal illegality,and finally the review of the independence of the criminal law of the former administrative procedures,in order to ensure the application of the former administrative code with a sound legal basis and clear application rules.