| In recent years,judicial judgments on administrative criminal cases have been widely questioned by the public and criticized by the criminal law theory community.Many cases of“uninformed law”have been treated as crimes.This has directly affected the authority of criminal justice in China.The reason for this is that an important aspect is that the misconception of the illegality of administrative criminals in judicial practice has not been given due attention and correct application,resulting in the mechanical and even misunderstanding and application of the corresponding criminal law provisions.The reason why this happens,and the study of the misunderstanding theory of the illegality of administrative criminals in China is directly related to the lack of popularization in the judicial practice and the lack of corresponding systems.Therefore,it is necessary to strengthen the study of the misunderstanding theory of administrative offenders’ illegality,to clarify the basic theories of administrative criminals’ illegal understanding,to clarify their essential issues,and to make the judicial practice community pay due attention and correct application.We will improve our country’s criminal conviction system and help China build a country under the rule of law at an early date.The paper is about 50,000 words.In addition to the introduction and conclusion,the bod y is divided into four parts:The first part analyzes the related concepts of administrative and administrative offense’s misconceptions are defined.The second part analyzes the misunderstanding of administrative offence in the application of judicial practice and theoretical problems.There are three major problems in the application of illegal understanding of crimes in China: First,the lack of illegal understanding of mistakes in China,the lack of legislation,lack of legislation,and lack of justice.All these lead China’s judicial practice and the operation a series of drawbacks.Secondly,the theory of the research on the misunderstanding of illegality has taken a slant,making it impossible to provide an effective solution to the problems in practice.Finally,in judicial practice,the distinction between legal errors and factual errors is confusing,resulting in the inability to accurately identify legal errors.The third part explores the theoretical basis of the misunderstanding of illegality.Throug h the inevitable requirements of objective conditions and the principle of legally prescribed pu nishment for crimes and general positive prevention theory,it is necessary to demonstrate the necessity of illegal understanding of crimes.At the same time,it explores the responsible natu re of the misconception of illegality.On this basis,the essence of the illegal understanding of t he law is established: the state has the function of regulating the society,and the function of th e general prevention is more favored in the regulation of the criminal law.The provisions of t he illegal understanding of the law will conflict with the general prevention position of the sta te,and then the essential problem of illegal understanding is how to solve the relationship bet ween responsibility and general prevention.The fourth part draws lessons from the legislative provisions of foreign countries on the understanding of illegality,and provides reference for the construction of the legislative system and the application of judicial practice.On the basis of analyzing the contents of national legislation,it is proposed that China should introduce the inevitability of illegal understanding of crimes as the responsibility of obstruction in the construction of legislative system.Specifically,in judicial practice,it proposes a method for accurately judging legal errors;by examining the opportunity of the perpetrator’s understanding of the illegality and his efforts to avoid mistakes in understanding the law,it is possible to determine whether the perceived mistake of the perpetrator can be avoided;Whether the misunderstanding can avoid the consequences of different levels of responsibility. |
