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On Several Problems of Adminstrative Crime

Author: XieShaoPing
Tutor: WuDaHua
School: Guizhou University
Course: Legal
Keywords: Administrative offense History Dual characteristics Affect Legislative proposals
CLC: D914
Type: Master's thesis
Year: 2008
Downloads: 124
Quote: 1
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Abstract

Guilty of the concept of the administrative nature of academic and legislative circles so far remained open. Administrative offense originated in the with criminal offenders difference, developing and maturing, corresponding to the autologous natural committing statutory committed evil and prohibit evil concept began from the Roman law era, until the 20th century, the administrative offense. fully unfolded. Countries had enacted legislative many other administrative Penal Code, academic theory about the Administrative Criminal corresponding forward. This thesis is divided into three parts, from the concept of expedition administrative committed to proceed, the legislative history, combined with national administrations committed efforts to explore the dual characteristics of the executive commit its administrative criminal law, and in turn made recommendations on improving the legislation of the Administrative Penal Code. The first part discusses the concept and History of the administrative offense. Chief guilty of the concept of a generalized, narrow sense, the other said with Guangxia two righteous larger debate. Papers tend to adopt sentence of narrowly defined concept of administrative offense said. On this basis, pointed out that the characteristics of the administrative offense. The concept of administrative offense is the with criminal offenders difference, generate, develop and matures, so papers distinction between natural guilty of statutory guilty of criminal offenders and police guilty of criminal offenders with administrative prisoners of the evolution of several groups of related concepts. The paper also introduced from Germany, Japan, Britain and the United States, Taiwan, China and the mainland in the Legal System Chief guilty of History, History by visits legislative practice, to explore more deeply the concept of administrative offense. The second part examines the dual characteristics of the executive commit administrative offense has a dual dangers of double illegality dual responsibility. \bear administrative liability and shall be held criminally liable. From the relationship of the executive commit the crime, the composition of the administrative offense and administrative offense in violation of the provisions of the criminal law, administrative committed because the criminal illegal distinct from administrative violations to clarify administrative committed criminal illegality. Chief Administrative Illegality committed administrative violations as a precondition from administrative committed to its Administrative criminal offenders in several ways different from angles. The third part introduces the Chief guilty of double Administrative Criminal. Duality of Administrative Criminal positioning of administrative commit its crimes constitute design causality design responsibility design impact. Finally, to reflect current administrative criminal law, and put forward a legislative proposal. Administrative Criminal specification and administrative law norms convergence with international standards, to distinguish between the main body of the administrative offense and its fault, to distinguish between illegal cognition executive guilty of criminal offenders, convergence coordinate the good administrative responsibility and administrative criminal liability and criminal liability, a clear responsibility approach when competing legislature envisaged a the personal freedom penalty judicial five of the Administrative Penal Code.

On Several Problems of Adminstrative Crime

Abstract

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