Research On The Blamelessness Function Of Administrative Licenses In Criminal Crimes

Ulrich Beck’s "the risk society" theory has been gaining more and more recognition since its inception.In the background of the risk society,people have common anxiety.In order to adapt to the new security needs,the security interests of the members of the society are guaranteed,the uneasiness of the society is relieved,and meanwhile,in order to realize the risk control of the system,the criminal law has changed from the natural crime to the legal crime.The adjustment of the structural center of gravity,as well as the requirements of the legislative language refining,make the closure of the criminal law theory to be insufficient,and the understanding and application of the content of the legal crime in the specification of the criminal law need to be properly controlled by the relevant provisions of the administrative law.With the help of the administrative law,the effective connection and application of the criminal law and the administrative law are realized.In the criminal law,there is a large number of administrative licenses provisions in the criminal law,and it is natural to think about the system value of the existence of the administrative licenses.On the basis of the purpose of seeking the blamelessness function of the administrative licenses,this paper makes an in-depth study of the administrative licenses provisions concerning the administration of the administrative licenses.In addition to the introduction and the conclusion,the text is divided into four chapters.The first chapter is an overview of the blamelessness function of administrative licenses.This chapter is divided into two sections,mainly introduces the background of the times,administrative attributes and administrative licensing typology.In particular,the background of the risk era has led to the change of the theoretical structure of criminal law,social security has become the main consideration factor,the legal offender is in such an era of the trend of a surge;and with the help of administrative attributes,the criminal law to comply with the principle of legality and modesty of criminal law;then discussed the specific types of blamelessness administrative licensing.The second chapter is the analysis of the specific blamelessness function of administrative licenses in different crime theory context.This chapter is divided into two sections,respectively,from the German and Japanese class crime theory system,our country’s four elements of the crime constitution,specifically discusses how the administrative licenses in each crime theory system to play the crime function;finally,it involves the reexplanation of the classification boundary of the administrative licenses.The third chapter is the limitation of administrative licenses and the examination of legality.This chapter is divided into three sections,first of all,it discusses the preemptive issue of criminal proceedings,that is,whether it is necessary to comply with the administrative effect of permission in criminal proceedings,and then discusses the criminal effect of administrative licenses from the formal limit and source limit respectively.The fourth chapter is to reflect on the impact of the necessity of administrative licenses on crime.This chapter is divided into two sections,through the introduction of controversial cases,the purpose is to clarify the relationship between administrative licenses and criminal illegality,substantive illegality,and to insist on substantive illegality,insist on de-administration and independent judgment,and strengthen the ethical identity of criminal law,so as to realize the unity of legal effect and practical effect.