Analysis Of The Advantages And Disadvantages Of The Expansion Of Administrative Prisoners

In recent years,the continuous advancement of society has caused the birth of many dangers,and there are certain gaps in criminal legislation.In order to meet the needs of society and protect legal interests,administrative criminals have been expanded at both the criminal legislative and judicial levels.The expansion of criminal legislation is manifested in the addition of a large number of administrative criminals and the expansion of the scope of application of old crimes;the criminal justice level is through the introduction of judicial interpretations to expand the interpretation of existing administrative criminals and the tendency of pocket crimes in the process of judicial application.Administrative prisoners show an expanding trend.With the transformation and changes of society,many illegal and criminal acts that did not appear before have aroused widespread concern in the society,which has changed the standards for citizens to evaluate crimes.Previously,the behaviors that could achieve the purpose of punishment only by administrative punishments urgently need to be regulated by the criminal law.It is the needs of the above-mentioned real society that have driven the adjustment of the criminal law.The expansion of administrative criminals is developed under the above-mentioned environment.The trend of the expansion of administrative criminals is one of the manifestations of the criminal law’s expansion of the criminal circle in recent years.This trend has two sides to the development of things.In recent years,the activation of criminal law,such as the addition of new administrative criminals in the revision of the criminal law and the adjustment of specific dangerous criminals to abstract dangerous criminals,can cope with the complex and uncertain risks in the real society.The adjustment of criminal law concepts is to give better play to criminal law prevention.At the same time,due to the rapid development of society,there are loopholes in punishment and punishment.Some administrative criminals added in the process of criminal law revision are just to make up for the loopholes in criminal legislation,which makes the structure of my country’s criminal law develop in a direction of continuous optimization,so as to strictly enforce criminal law.The French Open will better protect the legitimate rights and interests of citizens.Although the expansion of administrative prisoners has practical significance,it is still necessary to be alert to the problems existing in the expansion process.Among them,the problems at the level of criminal legislation are mainly due to excessive criminalization,which leads to excessive instrumentalism of criminal law;the problems at the level of criminal justice are mainly manifested in that the process of judicial application treats behaviors that lack legal interests as crimes and the confusion between administrative determination and judicial determination.The cases of Lu Yong selling counterfeit medicines and Zhao Chunhua’s illegal possession of guns are the most typical cases.The above problems inevitably shake the principle of modesty in criminal law,the protection function of criminal law’s legal interests,and the dual illegality of administrative criminals.Based on the dual benefits of the expansion of administrative prisoners,the debate on whether the expansion of administrative prisoners should be limited has never stopped.In recent years,the development of criminal law has shown an expansion trend as a whole under the influence of the times.Although there are drawbacks in the process of expansion,the phenomenon of expansion cannot be completely denied.Based on the negative effects of the expansion of administrative prisoners,it is necessary to take measures to limit the reduction.