Some parts of the administrative criminal law norms need to be complemented by corresponding administrative legal norms,which to some extent,become an inducement for the excessively broad scope of criminalization.Since China entered the era of the Criminal Code in 1997,the Criminal Code has undergone several amendments,but the problem of"pocket crimes"in administrative criminal law has not decreased but increased.To some extent,the Criminal Code has even become an upgraded penal provision of the preceding administrative law.This has also led to the over-expansion of the crime circle,further exacerbating the division between legislation and judiciary.Under the premise of reviewing the conceptual path of China's administrative criminal law legislation,choosing a typological path at the legislative level can effectively limit the negative impact of the generalization of administrative criminal law.Therefore,the legislation of administrative criminal law should follow the principle of unifying the legality of preceding administrative law and the quantification of criminal law,and the principle of clarifying the normative protection purpose of administrative criminal law.This will clarify the relationship between administrative criminal law and its preceding administrative regulations,providing legislative guidelines for the boundaries of administrative crimes.In the specific implementation of legislative typification,the basic stance should be"moderate violation monism",coordinating the"normative protection purpose"between administrative criminal law and administrative legal norms from the perspective of the overall legal order.Based on different normative purposes,the"normative protection purpose"and the degree of legal interest protection reflected behind the norms should be established in the crime descriptions,combined with quantitative factors to stratify the design of crime descriptions,to achieve the effect of limiting the legislative blank reservation limits of administrative criminal law.
关键词
行政刑法/类型化/立法型构/规范保护目的/罪状分层
Key words
administrative criminal law/typification/legislative structure/normative protection purpose/stratification of crime descriptions
维普
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