Research On The Conviction Function Of Administrative Penalty Facts In Criminal Law

Administrative Penalty Facts means that the criminal suspect has been punished by the administrative department. In the criminal legal norms, administrative punishment is one of the essential factors of certain crime, which determines criminal composition.The Administrative Penalty Facts means taking the dangerousness of the Person into the consideration of criminal composition, which is helpful to punish the people who often offend and prevent crime. But its legitimacy is questioned by the academic circles. Some scholars think that the provisions on the Administrative Penalty Facts has led the criminal law to subjectivism, and some believe that the provisions has violated the principle of prohibiting repetitive assessment, meanwhile some deem that the provisions means some kind of strict liability.On the basis of collecting criminal legislations and related judicial interpretations, the paper focus on the legitimacy of the Provisions on the Administrative Penalty Facts. Firstly, taking the Administrative Penalty Facts in consideration in the process of conviction does not lead the criminal law to subjectivism, on the contrary,it conforms to the concept of retributive punishment, to the binary view of illegal, to the risk society theory. Secondly, the provisions does not violate the principle of prohibiting repetitive assessment, for the principle means that the criminal law cannot assess the same fact twice on the same level, while the criminal law assess the Administrative Penalty Facts twice on the different level.Lastly, the provisions does not mean some kind of strict liability.Then the paper discusses the Theoretical value of the provisions, the legislative value of the provisions, and the practical value of the provisions. At last, the paper has discussed the application, evaluation and prospect of the provisions on the Administrative Penalty Facts.Besides the introduction and conclusion, the rest text consists of three parts:Part one is about theory summary of Administrative Penalty Facts: firstly, state definition and characteristics of Administrative Penalty Facts, and clarify and comb the distinction between Administrative Penalty Facts and other similar concepts;secondly, do a empirical statistical about Administrative Penalty Facts in the criminal legislation and judicial interpretations, and classify its function in the criminal law as sentencing function, criminal proof function and conviction function. At last, discuss Theoretical controversy of the provisions on Administrative Penalty Facts.Part two discusses the value of the provisions on the Administrative Penalty Facts. Firstly, taking the Administrative Penalty Facts in consideration in the process of conviction has absorbed the reasonable core of personal danger and implemented the responsibility doctrine. Secondly, the provisions has remedied the structural defects of the criminal law and defects of the legislation mode of repeated acts, more importantly, it has made up the abolition of reeducation through labor. Lastly, the provisions is helpful to punish the people who often offend and prevent crime.Part three is about the legal evaluation and perfection of Administrative Penalty Facts. The paper discusses the number of facts,the nature of facts, the time interval of facts, and proposes an unified model of provisions on the Administrative Penalty Facts. Lastly, the paper would discuss the application of provisions on the Administrative Penalty Facts.