Study On The Conviction Of Administrative Violation From The Perspective Of The Intersection Of Administrative And Criminal Law

In order to improve the structure of my country’s criminal law,adapt to the development of state functions,and strengthen the realistic requirements of social management,my country has accelerated the process of criminalization of administrative violations.At present,a large number of administrative crimes exist in the current criminal law,and the amendments to the criminal law introduced in recent years also tend to be convicted of administrative violations.At present,administrative violations of criminal law cover a wider range of areas,and the number of cases is greater.Disputes are more complicated.Although the criminalization of administrative violations has effectively resolved some social problems,due to the blurred distinction between administrative violations and criminal offences,a series of cases where administrative violations have been convicted have appeared in judicial practice,triggering public criticism of judicial judgments.dissatisfied.This article interprets and analyzes the criminalization of administrative violations,and builds the standard of criminalization of administrative violations on the basis of affirmation.In addition to the introduction and conclusion,the full text is divided into the following four parts:The first chapter is the theoretical analysis of administrative violations and crimes in the execution of penalties.In judicial practice,there are often areas where criminal law and administrative law overlap.At this time,it is necessary to make an analysis of administrative violations and administrative crimes on the basis of clear related concepts.Therefore,the article analyzes the three theories of “quantity difference theory“,“qualitative difference theory“ and “quality difference theory“,and puts forward the view that the path choice for dividing the two concepts in our country is the quality difference theory,which is an administrative violation The conviction structure argument builds the theoretical basis.The second chapter is about the trend of criminalization of administrative violations in our country and its theoretical evaluation.The first part is the trend of criminalization of administrative violations in our country.The criminalization of administrative violations is realized through the amendment of the Criminal Law.The current situation of the criminalization of administrative violations is analyzed in the four revision stages from “Criminal Law Amendment(8)“ to “Criminal Law Amendment(11)“.Then analyze the characteristics of the path of criminalization of administrative violations in our country,which are manifested in the conceptual characteristics of early sanctions and the preventive nature of criminal law,the legislative characteristics of adding new crimes and expanding old crimes,and the progress characteristics of moderation and limitation.Finally,it judges the current theory of criminalization of administrative violations in our country,and the controversial viewpoints are demonstrated and rejected.The third chapter is the principles that should be followed in administrative violations.The basic principle that must be followed for the criminalization of administrative violations is the principle of last resort.The review is conducted with the principle of last resort as a theoretical guide,and the judicial application process is first judged by the sub-rules.Under the overall guidance of the principle of last resort,the specific application of the criminalization of administrative violations should follow the sub-principles of the prerequisite that the administrative organ has already penalized,the principle of exhausting the types of administrative penalties and the principle of exhausting the range of administrative penalties.The fourth chapter is the procedural system supporting and path selection of administrative illegal conviction.In terms of the procedural system,the introduction of the “punishment order“ procedure for misdemeanors,and standardize the procedures for quick verdicts for misdemeanors,establish a system for deferred prosecution of minor crimes,and further improve the non-prosecution system for minor crimes;in terms of path selection for administrative violations of criminal law,The article sets out to promote the criminalization of administrative violations from two aspects: the ultimate goal and the method of advancement.At the same time,in the substantive system of criminalization of administrative violations,the severity of the crime is stratified,the sanctions for misdemeanors will be lightened,and the system of extermination of misdemeanors will be realized.