The Research On The Convergence Between Criminal Law And The Public Security Administration Law

The “Criminal Law” and the “Security Administration Punishment Law”(hereinafter as referred to the Punishment Law) are different in the nature of the punishment, but having the convergence with the adjustment of an object, the harm type and the penalties type. As constituting similar in the acts of the relevant provisions of the two laws, the judicial practice will inevitably arise to misunderstand of the similar provisions of the two laws, and even criminalize public security cases or the criminal cases will not be transferred. Therefore, it is significant in researching the theory of the convergence between the "Criminal Law" and the "Punishment Law", which can clear the object and applicable conditions of the two laws, forming the legal ladder between the Administrative law and the Criminal law, establishing the legal and judicial authority credibility. As the universality and demonstration of the acquisition of stolen property and disguise or conceal the proceeds of crime in the crime of usurpation, and the Criminal Law Amendment(8) reduce the establishment of conditions of theft and other crimes of usurpation, which change the range of the Punishment Law’s application, the author choose the crime of cover up or conceal the proceeds of crime and the relevant provisions of the Punishment Law to expand the topic of the convergence between the two laws.The intention of the research is disguising the boundary of the behavior between the crime of cover up or conceal the proceeds and the illegal income behavior, comparing the behavior objects, the way of acts, the criminal type, prosecution standards and penalties type of the two laws, analyzing the difficulties of the two laws convergence, clearing the applicable borders of the two laws and the criminal liability systematic.The paper consists of six parts, nearly thirty thousands words.The first part discusses the legislative and the judiciary on the basis of the convergence of the two laws, and the reasons of the selection on the crime of cover up or conceal the proceeds of crime,and the difficulties in the judicial practice, based on the distinction between illegal and criminal acts comments of the doctrine, which is generally on proposed standards define qualitative and quantitative;The second part analyzes the nature of the legal interests of the crime of cover up or conceal the proceeds of crime, and discusses the legal basis and the foundation statute of the convergence between the two laws from the legislative purpose and the value, and combines "The Constitution" and "The Code of Criminal Procedure," "The Administrative Punishment Law" and other laws, and concludes the two laws having the convergence in the legal interests, the legislative purpose and mission;The third part, comparing the "Criminal Law" Section 312 and the "Punishment Law" related articles from the behavior of objects, puts forward the solutions by combining academics views;The fourth part, comparing the differences on penalties body from the criminal type of the two laws,analysis the punishable of the unit combined with the case, and research on the joint criminal of the crime of cover up or conceal the proceeds of crime qualitatively;The fifth part, analyzes the convergence between the two laws from the amount of the standard and in serious cases, such as abstract elements, not only from the nature,but also from the amount of the boundaries of the two laws, which is difficult in theory and in practice;The sixth Part, introduces the situation of applying the punishment and penalties simultaneously, and puts forward the future establishment of the punishment and penalties, discusses the feasibility of security detention and other personal penalty into the penalty system.