Legislative Expansion and Judicial Restriction of Administrative Offenders:A Study Centered on Understanding Illegality
The expansion of the criminal circle,especially the misdemeanor circle brought about by the expansion of administrative crime legislation,has been questioned,which is mainly reflected in the concerns about vio-lating the modesty of the criminal law and the criticism of symbolic legislation.But in fact,the ultimate re-alization of humility is the abdication or reduction of penalties,rather than legislation sitting idly by on so-cial risks.At the same time,the function of symbolic legislation to achieve preliminary social governance by responding to public opinion is worthy of recognition.Complicated and professional administrative rules are not in the"common sense"cognition of ordinary people,and the presumption of awareness of illegali-ty will inevitably lead to"overwhelmed"and eroding freedom.With the coming of the era of administrative crimes,awareness of illegality should become a necessary condition for administrative crimes.At the same time,the monism of illegality cannot solve the problem of proportion or balance between illegality cogni-tion and responsibility.Only by narrowing the illegality cognition as criminal illegality cognition can it con-form to the principle of subjective and objective consistency and realize the balance of crime,responsibili-ty and punishment.
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