The Conflict And Solution To It Between The Law Of Punishment For Public Security And Administration And Criminal Law

The penalty law of public security management which is based on the criminal law, has historical ties with the criminal law. Because the current criminal law in our country take effect earlier than the penalty law of public security management, the latter borrow ideas from the former in respects of legislative value and legislative model. It is the commonality in the aspect of adjusted objects between the penalty law of public security management and the criminal law and the complementary in the aspect of functions between criminal penalty and administrative penalty that lay the foundation for engagement between the two laws. The engagement appears as these aspects, such as plot, amount, object, consequence and so on. Though the adjusted object of the two laws overlap, object adjusted by the criminal law is criminal behavior, and object adjusted by the penalty law of public security management is illegal act. In theory, there are three kinds of theories about distinguishing between criminal behavior and illegal act. The three kinds of theories are qualitative distinction theory, quantitive distinction theory and qualitative and quantitive distinction theory. Among these theories, qualitative and quantitive distinction theory is more reasonable.The conflict between the penalty law of public security management and the criminal law includes the conflict of identification of acts and the conflict of punishment of acts. The conflict of identification of acts can be divided into the conflict that is of the same content and the conflict that is of the intercrossing content. The conflict that is of the same content includes five kinds of behaviors such as posing as state organ personnel to cheat and bluff. The conflict that is of the intercrossing content includes eight kinds of behaviors such as forcing other people to work and stealing. The conflict of punishment of acts mainly manifest as concurrence of criminal penalty and administrative penalty. The concurrent form includes concurrence of the same penalty and concurrence of different penalty.The solution of the conflict between the penalty law of public security management and criminal law divide into the solution to the conflict of identification of acts and the solution to the conflict of punishment of acts. The general thoughts of the solution to the conflict of identification of acts are that the penalty law of public security management should receive priority application based on material interpretation of criminal law according to the essence of crime, combining the proviso in the clause 13 in criminal law and the understanding of the purposes of the two laws. As for the solution to the conflict of punishment of acts, it is more reasonable to adopt double punishment principle. Concretely speaking, this principle should give priority to with criminal penalty.