Study On The Relationship Between Administrative Offences And Criminal Offences

This paper is based on the three-layer system of crimes.This paper starts from solving practical problems,and try to explore the relationship between administrative illegality and criminal illegality in administrative crimes.The preface of this paper introduces the research question by retrospecting many puzzling administrative crime judgements in the past decade.And then the problem is brought up: the difference in the criteria for judging the illegality of administrative crimes ultimately leads to different results,thus lay the foundation for the following discussion.The first chapter provides a theoretical basis for this paper.This chapter attempts to clarify two groups of ambiguous concepts,that is natural crime with legal crime,and administrative crime with criminal crime.This charpter also introduces the origin and development of the two concepts,and compares the system status of administrative criminal law at home and abroad.The second chapter returns to the focus of this paper,which introduces the development process of three different illegal judgment standards,points out the limitations of strict illegal monism,eases the development and shortcomings of illegal monism on the above theory.Compared with other theories,illegal relativity theory is more in line with the development of the times,so this paper advocates this theory.The third chapter uses a lot of space to analysis illegal relativity theory.It should be recognized that,both relaxed monism of violation of law and illegal relativity theory advocates that,we should consider judge the administrative crime,which is an interdisciplinary subject,from the unity of legal order.Although the monism of easing the violation of law emphasizes the unity of the legal order system and the logical level,it seems to be unable to protect the national interests under the background of the expansion of administrative crimes.On the contrary,the theory of illegal relativity,which is based on the unity of legal purposes,is less bounded and more flexible.More importantly,according to the theory of illegal relativity,the unity of illegality is not the sufficient conditions for the unity of legal order,and the legal order lies in the unity of legality.Besides the internal evaluation standard of legality and illegality,there is a vast grey space of “not legal”.After all,due to different jurisdictions adjust different social relations,when the actor considers the purpose of law enforcement,even if he chooses the legislative purpose of criminal law,and deviates from the legislative purpose of administrative law,the perpetrator should also be considered as an administrative violation rather than a criminal crime.And this conclusion is consistent with the unity of legal order.And the existence of the gray space “not legal”can ease the logic trap of "black or white".After the discussion of administrative crime entity in the previous chapter,the fourth chapter explores the loopholes in the identification system of administrative crime from a practice perspective.The fourth chapter demonstrates that the theory of illegal relativity can provide a theoretical basis for maintaining the independent judgment of criminal law from the entity level and the procedure level,which can effectively prevent the flooding of administrative evidence,ensure the reasonable and stable judgment results,and enhance the judicial credibility.The fifth chapter lists some cases in practice and their judgment results.In the fifth chapter,from the perspective of the constitution of the crime,this paper clearified that administrative crime is a criminal act under the jurisdiction of criminal law,and the infringement of legal interest is its inevitable feature.Then,this paper analyzes the effectiveness of substantive and procedural law of administrative acts in different situations,specific administrative examples are listed.The sixth chapter summarizes the full text,refines the innovation of this paper,and provides valuable reference for judicial practice.