Study On Judging The Illegality Of Traffic Accident Crime Under The Connection Of Administrative Law And Criminal Law

As a typical administrative crime,the traffic accident crime has the dual administrative and criminal illegality.The crossover and connection of administrative Law and criminal Law bring difficulties for the cognizance of traffic accident crime.Among them,the cohesive judgment of administrative illegality and criminal illegality of traffic accident crime,that is,the judgment of the illegality of traffic accident crime,which is also an entity problem under the connection of administrative Law and criminal Law,is the core of the connection of administrative Law and criminal Law in the judicial application of traffic accident crime.However,in the judicial practice of judging the illegality of traffic accident crime,there exist some difficulties in the connection of administrative Law and criminal Law,such as the definition of " traffic and transportation management regulations " as the antecedent law and the identification of the constitutive elements of traffic accident crime.The root cause is that the basic position and specific standard of judging the illegality of traffic accident crime under the connection of administrative Law and criminal Law are not clarified in theory.Therefore,on the basis of analyzing the existing disputes,by comparing the core differences between different viewpoints and the theoretical basis of the disputes,it is concluded that taking the theory of relative independence under the guidance of the theory of illegal relativity as the basic position,and taking the protective purpose of norms of traffic accident crime as the specific standard.The basic method formed from this is more superior in solving the problem of judging the illegality of traffic accident crime under the connection of administrative Law and criminal Law.Finally,returning to the actual cases,guided by the above basic method,this paper clearly defines the pre-law of judging the illegality of traffic accident crime under the connection of administrative Law and criminal Law on the premise issues,namely "traffic and transportation management regulations",and essentially determines the relevant administrative concept elements,implementation behavior and causality among the constitutive elements of traffic accident crime on specific issues,so as to break the dilemma of judging the illegality of traffic accident crime under the connection of administrative Law and criminal Law.