Research On Difficult Problems Of Administrative Crime Conviction

In recent years,the number of administrative crimes has increased rapidly,but in judicial practice,there is still a situation that the administrative crimes are limited to the traditional position of conviction,which leads to the conflict between judicial precedent and public values.In this regard,from the perspective of the application of prepositive legal,application of administrative punishment and administrative license and the cognition of illegality,this paper,through empirical research,comparative research and other methods,reflects on the reasons for the occurrence of the problem of conviction of administrative crimes,and puts forward corresponding solutions to promote the accurate conviction of administrative crimes.First of all,in the process of applying the pre-determination of administrative crimes,there are some problems,such as the fuzzy scope of the pre-determination and the complete acceptance of the conclusion of the pre-determination of criminal violation.In this regard,we should reverse the attribute thinking of criminal law,rely more on the independent thinking of criminal law,and make the essential judgment with criminal violation as the core.We can take the measure of judging the behavior with the legal interest of criminal law as the core so as to solve the fuzzy problem of predisposition law.In addition,the conclusion of illegal judgment of the predisposition law is not directly applied,so as to avoid receiving the contents of the predisposition law completely.Secondly,administrative punishment and administrative license play an important role in the conviction of administrative crimes,among which there are many factors affecting the conviction of administrative crimes: there is not too much attention to the substantive review of administrative license and administrative punishment,and there are certain difficulties in carrying out substantive examination,in addition,the neglect of the type and range of administrative punishment is also one of the factors affecting the conviction of administrative crimes.In this regard,this paper proposes that the judicial organs should clarify the positioning of administrative punishment and administrative license acts in administrative crimes,attach importance to the substantive examination of administrative punishment and administrative license acts,distinguish the types and extent of administrative punishment,and classify the effects of defective administrative license on administrative crimes.Finally,it is easy to ignore the error of cognition of preposition law in the conviction of administrative crime,and there is no distinction or wrong distinction between the cognition error of prepositive legal and the cognition error of criminal law norms.This paper analyzes the causes of this problem,and puts forward to find out the way of crime from the angle of correctly distinguishing the cognition error of prepositive legal and the cognition error of criminal law norms,and focuses the core of cognition judgment of illegality on the cognition error of prepositive legal.In addition,it puts forward some solutions such as comprehensively considering the possibility of the actor’s cognition of illegality through parallel evaluation standards,and clarifying the inevitable situation of the cognition error of administrative preposition law from different levels.