The Influence Of Administrative Punishment On The Constitution Of Crime

Administrative punishment has an important influence on the constitution of crime in judicial practice,but theoretical research is limited to the standard form of administrative punishment,the relationship with the basic principles of criminal law,and the distinction between illegal acts and criminal acts.The leading factor of administrative punishment’s influence on crime is personal danger,so it is necessary to probe into the essential level of the relationship between personal danger and the constitution of crime,so as to seek solutions to the problem of revising the application of criminal norms.The constitution of crimes affected by administrative punishment only refers to the part where the perpetrator commits homogeneous illegal acts because of administrative punishment.In addition to the application of active preventive criminal law concept and the connection between administrative punishment and criminal punishment,the expansion of judicial interpretation power is the main cause of administrative punishment widely intervening in the constitution of crimes.Administrative penalty,as an element representing personal danger,is essentially the intervention of personal danger to the constitution of crime.Starting from the position and function of personal danger in conviction,this paper examines the rationality of the influence of administrative punishment on crime,and expounds one by one the problems of the application of norms caused by the incorporation of administrative punishment into crime constitution.Specific for 3problems: it is personal danger whether develop active enter crime effect.This mainly involves the relationship between personal danger and social harmfulness of crime nature.Personal dangerousness is regarded as the attribute of doer,while social harmfulness is regarded as the attribute of behavior.Second,the relationship between personal danger and crime.Thirdly,whether and how to play the role of personal danger.When the doer has no personal danger and the social harmfulness of the behavior is slight,the role of personal danger should be paid attention to.To sum up,the rationality of the impact of administrative punishment on crime lacks theoretical basis,the legislative norms can still be interpreted in the form of legal draft,and the provisions concerning administrative punishment in the judicial norms need to be amended.On the subjective level,we should keep a cautious attitude towards the presumption of guilt of administrative punishment,and only assume "knowing well".In order to standardize the application of severe punishment,we should enhance the limit threshold of the impact of administrative punishment on the composition of crimes,including following the principle of exhaustion of administrative punishment measures,adding high standards to administrative punishment,and limiting the number and time of unification.