Research On The Conviction Type Of Administrative Punishment In Criminal Law

The legislation of the conviction type of administrative punishment is a major feature of criminal legislation in our country in recent years.In this paper,the conviction type of administrative punishment refers to the perpetrator has received one or more administrative penalties in a certain period of time and then carried out the same illegal act again,and the criminal law has clearly stipulated it as a way of conviction.In the past ten years,the conviction type of administrative punishment has shown a trend of expansion,there are 43 relevant provisions in the criminal law and related judicial interpretation now.However,it brings the fact that the perpetrator is subjected to administrative punishment into the evaluation of the current act,so that the current act can be incriminate,what caused many disputes in theory about the conviction type of administrative punishment.In addition,there are also many problems need to be improved in the relevant provisions.In view of this,this article takes the conviction type of administrative punishment as the research object,use the methods of the literature research,the standard research and the comparative study,to consider to all the disputes one by one and to observe to all the relevant provisions all round on the basis of defining the scope of it,then strives to provide certain theory to support the conviction type of administrative punishment and an effective way for its legislative improvement and look forward to its future legislative picture.The full text has a total of more than 40,000 words.In addition to theintroduction and conclusion,it is divided into four chapters:The first chapter,an overview of the conviction type of administrative punishment,mainly through expounding the characteristics of the conviction type of administrative punishment,and comparing with the concepts of sentencing function of administrative punishment,multiple-time crimes and administrative criminal law of our country,to makes a more reasonable and detailed definition of the types of incrimination of administrative punishment.In addition,this chapter introduces the four modes of the conviction type of administrative punishment,and expounds its values on cracking down frequent law breaking action,linking administrative law enforcement with criminal judicature,and making up the defects of the legislative model of criminal law.The second chapter,the theoretical disputes and comment of the conviction type of administrative punishment,mainly makes a comprehensive examination and evaluation of disputes existing in the conviction type of administrative punishment.In terms of the theoretical basis,this paper negates the rationality of the new criminal form theory,and holds that the conviction type of administrative punishment is a legislative mode to realize the function of criminal law guarantee other laws through legal fiction.In terms of challenge opinions,this paper mainly aims at refuting all one by one.In the third chapter,the legislative review of the type of incrimination of Administrative punishment,on the one hand,makes a longitudinal legislative review by combing and analyzing the historical evolution,and points out that the legislation on the types of incrimination of Administrative punishment is showing an expanding tendency.On the other hand,this chapter points out that there are some problems such as the non-uniformity of the legislative standard,the insufficient degree of the legislation,the non-standard through combing and comparison of the relevant provisions.This chapter provides the direction for the legislative perfection.The fourth chapter,the legislative perfection and future prospect of the type of incrimination of Administrative punishment,mainly aiming at the problems put forward in the third chapter,combined with the actual situation of legislation in ourcountry,puts forward that the type of incrimination of administrative punishment can be perfected through the unification of legislative standards,the limitation of legislative scope,and the standardization of legislative forms.In addition,this paper holds that the future legislation of the type of incrimination of Administrative punishment can be incorporated into the construction process of the misdemeanor system,so as to make it more reasonable and perfect.