On Judgment Of Administrative Offenders

Judgment of administrative offenses is a subject that has both theoretical significance and practical value.Controversy over its judgment has been going on for more than 200 years,and it is still a hotspot in the global academic community.At present,when China deals with administrative violations of the law,due to the adoption of a form rather than a substantive understanding of the law,it has directly or indirectly led to a significant tendency of excessive criminal law,which has led to an inefficient allocation of effective judicial resources.And issues that are difficult to be recognized by the public in specific judgments.In order to solve the dilemma of excessive judgement of administrative offenders,this article is divided into four parts:The first part reflects the predicament of China ’s judicial practice expanding the scope of criminal punishment through the “Lu Yong ’s fake drug purchase case” and“Zhao Chunhua illegal gun case” which have been hotly debated in China in recent years.This leads to the problem to be discussed and solved in this article,namely,the predicament of excessive criminality of administrative offenses in China.The second part introduces the concept of administrative offenders in Germany,Japan,Chinese mainland and Chinese Taiwan.It explains the relevant theories of German judging standards of administrative offenses—qualitative difference theory,quantitative difference theory,and quality difference theory.Relevant theories in the Japanese academic circles regarding the criteria for judging the illegality of administrative offenses—strict monolingualism,monolingualism,and pluralism.The third part lists real cases and data for comparison and analysis,and concludes that the qualitative difference theory and quantitative difference theory are inadequate in judicial practice and science,which is difficult to apply to our country.The quality difference theory is based on whether the behavior is endangered.The core legal benefits protected by the criminal law,respectively,use the "qualitative difference theory" and "quantity difference theory" to define the boundary between the two,which can be applied to China.The fourth part proposes the "interpretation theory" method,based on the substantive interpretation and the principle of criminal punishment,it proposes two methods of system explanation and purpose explanation,and analyzes with examples to reduce the excessive judgment of administrative offenses The problem.