With the further refinement of the division of labor in modern society，Criminal Law adds more minor crimes such as administrative prisoners，More administrative violations have risen to criminal crimes。For example, "Amendment to the Criminal Law (8)" newly added dangerous driving crime，"Amendment to the Criminal Law (11)" increased the crime of hazard operations, etc.。The "Provisions on the Supreme People's Procuratorate on Promoting Administrative Law Enforcement and Criminal Judicial Connection" further requires a good basis for the basics of the physical law of administrative violations and criminal crimes。The distinction between administrative violations and criminal crimes, whether "quality" or "quantity"、"illegal one yuan" or "illegal diversity" and which kind of doctrine，It is still necessary to from the different norm purpose of the two、Function and value orientation Starting independently。Facing a large number of difficult cases in the judicial practice，It also needs to be analyzed dynamically in combination with specific cases。Compared with the degree of competitiveness of the regulations of administrative laws and regulations、Against the degree of law and benefits，presents the following four progressive dimensions。

　　bet365 live casino games

With the arrival of the legal criminal era，Crimes of crimes due to unknown administrative law will increase。"I do not know the law" can be divided into the following two situations，A kind of general public knows that it is criminal illegal but the actor's own unknown，Another kind of general public does not know that it is criminal violations。The first case belongs to illegal acts that can be recognized and the actor has not recognized，According to the actual situation, it should be exempted from "unavoidable bet365 best casino games law" or no possibility of illegal awareness; and the second kind of general public does not know whether it is illegal，It is not simply a personal responsibility issue that is not illegal to know the possibility of cognition，Instead, it is a problem that does not exist in the premise of the premise of the premise of the front law。Ru Tianjin's illegal shooting case was sentenced to 3 years and 6 months in prison，After changing the sentence for 3 years, I still did not escape criminal conviction。Playing the air gun stall to play balloons This common entertainment activity is equivalent to illegal gun crimes with serious danger，Violation of the standard awareness and identity of the general public。The root cause of the misunderstanding of the public is that it has not been promoted and educated and early warning reminder，The public does not know this behavior illegal，instead of rising directly into criminal crimes without administrative law enforcement regulations、The use of criminal law intimidation is meaningless。

As Professor Zhang Mingkai said，When the public security administrative organs, such as a certain type of behavior, will be used to become a habit for a long time.，It is impossible for the general public to realize that such acts are criminal acts，Citizens lose the possibility of predicting such behavior，Can't prevent it as a crime。In the words of Judge Homs: "The real criminal law is determined by police officers and prosecutors。"" Even if this behavior is indeed legal and infringement，After a long period of publicity, education and administrative regulation，Crime treatment will not infringe the freedom of citizens。The application of criminal law blank constituent elements is applicable. Only by regulatory and effective can the legislative concept and position of criminal law，and if the pre -administrative law is not known to the public, it is "vacant"，Lost the normative significance of the constituent elements of the criminal law，Of course there is no criminal bet365 best casino games violation in the standard sense。This kind of dynamic analysis of crime composition of crime，Combined with the different operating systems of administrative law and criminal law，Based on the actual situation, analyze whether the element of the composition of the administrative law is established，This is also the requirement of dynamic self -made structure in systematic theory。This angle of exclusion of illegality can better make up for the theory of simply using the possibility of illegal understanding.。

　"Formal" Lack of French benefits

Different types of legal and benefits of violations of the legal and interest according to criminal acts，Criminal Law has set up crimes such as destroying the order of socialist market economy、Different types of legal prisoners such as the crime of obstructing social management order，The characteristics of this type of legal crimes are characterized by destroying various management order，violated citizen's personal rights、Property rights and other personal legal benefits。The norm and protection purpose of its administrative violations、Function、Value, etc. are not the same。Administrative Law emphasizes the execution of administrative orders，Criminal law is being protected by the protection of laws and benefits that violate administrative regulations。If there is no actual damage or endangering the personal interests of citizens' personal interests, the behavior of the management order，It can only belong to administrative violations rather than crimes。Ru Yong's case and withered wood case just violate administrative regulations on the surface，There is no case that violates criminal protection and interests。Lu Yong's sales of fake drugs on the surface seemed to violate the regulations of the Drug Management Law，But its efficacy is true，"Not enough to harm people's health"，And in order to facilitate the use of medicines for patients，Nor infringe on any citizen's personal health and other legal benefits。Similarly，"Destroyed and Dead Forest Case", although in the bet365 live casino games form of the form of administrative approval in the future，But the dead trees are different from the growing forest，In fact, it has not caused actual legal damage to the forest growth plan。This kind of behavior only needs to be punished for administrative penalties，There is no need for conviction at all。

Criminal Law only play a supplement to administrative law or other departmental laws，When other departmental laws or administrative regulations are sufficient to suppress illegal acts，There is no need to apply the criminal law。The value of the judicial organs cannot escape the criminal law，Unidirectional or emphasizing social management needs to make an expansion explanation，Explanation should obey the purpose of the criminal law。This kind of behavior that violates administrative law obviously does not meet the protection purpose of the criminal law specification，Administrative Law and Criminal Law Systems have their own "operating purposes"，instead of flowing on surface reasoning and formal logic interpretation。

　　"formalization" is missing

Introducing screening for the purpose of the protection of criminal law，It can more accurately distinguish the different directions of the two's legal benefits and protection。The setting of administrative pre -regulations in criminal crimes shall follow the purpose of criminal law specifications，In turn, the purpose of the protection of criminal law specifications is also the basis and premise of supplementing and interpreting the provisions of the criminal law。If you deceive the loan、Bill acceptance、The crime of financial ticketing is the same as the administrative violation of the law of abstract collective legal benefits -financial management order，and "Regulations on Criminal Case Case of Criminal Cases under the jurisdiction of the public security organs (2)" also clarified the "with an amount of more than 1 million yuan" case pursuit standard，But it does not mean that the distinction between the two depends on whether bet365 best casino games the amount of fraud is more than 1 million yuan or below。If the scammer does not cause huge property losses or losses to banks or other financial institutions，Even if it obtains a loan of more than 1 million yuan, it is difficult to say that he constitutes a crime，It can only be said to violate financial management order。Criminal Law set the purpose of this crime，According to the explanation of the Standing Committee of the National People's Congress, it is to "protect the security of credit funds such as banks such as banks"，Credit security is reflected in the actual loss or the risk of loans，If you simply illegally deceive the loan, there is no criminal risk，You cannot be determined as criminal crime。The reason why the criminal law is punished for fraud and loan、Bill acceptance and other illegal acts，Not only the abstract collective legal benefits of protecting financial security，It depends on the huge risk of losing losses to citizens behind its illegal acts，This is also the purpose of the protection of criminal law specifications。So you need to consider that some violations such as fraud loans are large、Whether the behavior of infringing the financial management system really brings financial risks，Only when it is closely related to the personal interests of citizens, consider constitutes a criminal crime。

　　"Reconstruction" boundary lack of boundary

Administrative violations and criminal criminals will also cause false "re -coincidence"，The expression of the two is almost the same。For example, the "Public Security Management Punishment Law" is the same as the statement of some Criminal Law.，Leading punishment in judicial practice、Different judgments in the same case occur from time to time，Become a problem in judicial practice。Some scholars have counted such practical cases，A and B are also tolerance for prostitution，The treatment of different cities in different regions is completely different。A is sentenced to the crime of tolerance for prostitution by the court of A，5 years in Bet365 app download prison at the time; B by the Public Security Bureau of District B is detained on the 15th of the "Public Security Management Penalty Law"、5,000 yuan administrative fines。Article 67 of the Public Security Management Punishment Law and Article 359 of the Criminal Law、留、The basic terms of introducing prostitution crime are exactly the same，But the processing gap is huge。According to the provisions of Article 359 of the Criminal Law，Lure、留、Introduce the prostitution of others，Pharise in prison for 5 years、Detention or control，Published; and Article 67 of the "Public Security Management Penalty Law"，Lure、留、Introduce the prostitution of others，Detention at the 10th or less，It can be fined below 5,000 yuan。Criminal Law and Public Security Management Punishment Law stipulates that in -depth competition occurs，Can't clearly distinguish between different gradients、Seamless connection。It is worth noting that it is，This situation is not avoided in Article 85 of the 2017 "Draft Draft of the Amendment of Punishment of Penalty Management Penalty"。

Of course, this type of crime reflects the subsequent attributes of criminal law on administrative law specifications，Reflecting the unity between the order between the administrative law and the criminal crime，But what follows is how to clarify the border issues of the two illegal quantities。On the one hand，Legislators must clarify the differences in the purpose of the norms and protection。Administrative violations are the authority of administrative management order，Emphasize social obedience control; and the criminal law hopes to achieve a balance between social protection and human rights protection，Pay attention to the substantial destruction and degree of destruction of the behavior of the behavior itself。On the other hand，It is also necessary to make a clear judicial interpretation as much as possible，Establish a typical case guidance system，Give a more specific reference standard，Try to avoid different cases Bet365 app download such as different cases in different regions or chaos such as punishment。

In short，The "Administrative Law Standards" in the Criminal Law can only be used as a reference for judging criminal illegal，Based on the purpose of protecting the purpose of the criminal law specifications, it is the fundamental to effectively regulate the size of the crime circle，The four dimensions analysis of the four -dimensional analysis of progress in this article are more dynamically judged the specific path of judicial cases。

　　(Author Unit: Law Department of Gannan Normal University)