With the further refinement of the division of labor in modern society，The criminal bet365 new customer offer adds more administrative crimes and other minor crimes，More administrative violations become criminal offenses。If the "Criminal bet365 new customer offer Amendment (8)" adds the crime of dangerous driving，The "Criminal bet365 new customer offer Amendment (Eleven)" adds the crime of dangerous operations, etc.。The "Regulations of the Supreme People's Procuratorate on Promoting the Connection between Administrative bet365 new customer offer Enforcement and Criminal Justice" further requires that the basic distinction between administrative violations and criminal crimes be made in substantive bet365 new customer offer。The distinction between administrative offenses and criminal crimes is based on either “quality” or “quantity”、Which theory is "illegal unitary" or "illegal pluralism"?，Fundamentally, we still need to consider the different normative purposes of the two、Think independently based on function and value orientation。Facing a large number of difficult cases that appear in judicial practice，It also needs to be dynamically analyzed based on the specific case conditions。Compare the degree of competition and integration of administrative bet365 new customer offer norms into criminal bet365 new customer offer norms、Degree of overlap between legal interests，Shows the following four progressive dimensions。

　　Pre-positioned administrative bet365 new customer offer to regulate “vacancy”

With the advent of the legal criminal era，The number of crimes committed due to ignorance of the relevant provisions of administrative laws will increase。“Ignorance of the bet365 new customer offer” can be divided into the following two situations，A type of crime that the general public knows is a criminal offense but the perpetrator himself does not know，Another situation where the general public does not know that it is a criminal violation。The first situation is that the illegal act can be recognized but the perpetrator is not aware of it，According to the actual situation, exemption should be based on "Ignorance of the bet365 new customer offer does not exempt" or lack of knowledge of the possibility of illegality；As for the second situation where the general public does not know whether it is illegal or not，It is not simply an issue of personal responsibility that has no possibility of illegality，It is a problem that the "illegal premise" does not exist in the preposition bet365 new customer offer。For example, the Tianjin aunt was sentenced to 3 years and 6 months in prison for illegal gun possession，Although the sentence was later commuted to probation for 3 years, he still did not escape criminal conviction。Equating the common entertainment activity of setting up an air gun stall and playing balloons with serious and dangerous illegal gun crimes，Violates the normative consciousness and sense of identity of the general public。The fundamental reason for public misunderstanding is the lack of long-term publicity, education and advance warning，The public does not know that this behavior is illegal，Directly rising to a criminal offense without administrative bet365 new customer offer enforcement regulations、Using criminal bet365 new customer offer to intimidate is meaningless。

As Professor Zhang Mingkai said，When public security and administrative agencies allow certain types of behavior to be carried out by citizens for a long time and become a habit，It is impossible for the general public to realize that this type of behavior is a crime，Citizens lose the possibility of predicting such behavior，There is no way to prevent it as a crime。In the words of Justice Holmes: "Real criminal bet365 new customer offer is determined by police officers and prosecutors alike。”Even if this behavior is indeed infringing upon legal interests，After a long period of publicity, education and administrative regulations，Committing further crimes will not infringe on citizens’ freedoms and rights。The application of blank components of criminal bet365 new customer offer can only be in line with the legislative philosophy and stance of criminal bet365 new customer offer if the norms are valid，If the pre-existing administrative bet365 new customer offer provisions are not known to the public, they are considered to be "vacant"，The normative significance of the constituent elements of criminal bet365 new customer offer is lost，Of course there is no criminal illegality in the normative sense。This idea of ​​dynamic analysis of crime composition，Combines the different operating systems of administrative bet365 new customer offer and criminal bet365 new customer offer，Analyze whether the constituent elements of administrative bet365 new customer offer are established based on the actual situation，This is also a requirement of dynamic autopoietic structures in systems theory。This perspective of excluding illegality can better make up for the shortcomings of simply using the theory of the possibility of illegal cognition to only prevent responsibility but not illegality。

　Lack of “formal” bet365 new customer offer benefits

Based on the type of legal interests violated by the crime，The criminal bet365 new customer offer sets out crimes such as undermining the order of the socialist market economy、Different types of statutory crimes such as crimes that disrupt social management order，The legal benefit characteristic of this type of statutory crime is that it destroys various management orders，Another violation of citizens’ personal rights、Property rights and other personal legal interests。The purpose of regulating and protecting administrative violations、Function、The values ​​are not the same。Administrative bet365 new customer offer emphasizes the execution of administrative orders，The criminal bet365 new customer offer focuses on protecting legal interests infringed upon by violating administrative regulations。If there is no actual infringement or endangerment of citizens’ personal legal rights and other simple acts of disrupting management order，It can only be an administrative violation and not a crime。For example, the Lu Yong case and the dead wood case only superficially violated administrative regulations，There is no actual violation of criminal protection legal interests。On the surface, Lu Yong’s case of selling counterfeit drugs seems to have violated the provisions of the Drug Administration bet365 new customer offer，But its medicinal effect is real，It is not “not enough to seriously endanger people’s health”，And in order to facilitate patients to purchase medicine，It does not infringe on any citizen’s personal health or other legal rights。Same，The “Indiscriminate Cutting of Dead Forest Case” does not formally involve cutting down dead trees before administrative approval，But dead trees are different from growing forest trees，In fact, there is no actual infringement of legal interests on forest growth planning, etc.。This type of behavior only requires administrative penalties，There is absolutely no need to convict。

Criminal bet365 new customer offer only supplements administrative bet365 new customer offer or other departmental laws，When other departmental laws or administrative regulations are sufficient to suppress illegal activities，There is no need to apply criminal bet365 new customer offer。The judicial authorities cannot escape the value of criminal bet365 new customer offer，One-dimensional or expansionary explanation focusing on social management needs，Interpretation should be subject to the purpose of criminal bet365 new customer offer。This kind of superficial violation of administrative bet365 new customer offer obviously does not meet the protection purpose of criminal bet365 new customer offer，Administrative bet365 new customer offer and criminal bet365 new customer offer systems each have their own "operational purpose"，Rather than superficial reasoning and formal logical deduction。

　　Missing bet365 new customer offer “formalization”

Introducing screening of the protection purpose of criminal bet365 new customer offer norms，Can more accurately distinguish the different directions of legal interest protection between the two。The setting of administrative prerequisite norms in criminal crimes should follow the purpose of criminal bet365 new customer offer norms，In turn, the protection purpose of criminal bet365 new customer offer norms is also the basis and premise for supplementing and interpreting criminal bet365 new customer offer provisions。Such as obtaining a loan by fraud、Bill acceptance、The crime of financial instruments, like administrative violations, protects abstract collective legal interests—financial management order，Furthermore, the "Regulations on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" also clarifies the standard for filing and prosecution of "amounts exceeding 1 million yuan"，But it does not mean that the distinction between the two depends purely on whether the amount of fraud is more than 1 million yuan or less。If the fraudster does not cause huge property damage or risk of loss to the bank or other financial institution，Even if he obtained a loan of more than 1 million yuan, it is difficult to say that he committed a crime，It can only be said that it violates the financial management order。The purpose of setting up this crime in criminal bet365 new customer offer，According to the explanation of the Standing Committee of the National People's Congress, it is to "protect the safety of credit funds of banks and other financial institutions"，Credit safety is reflected in actual losses or loan risks, etc.，If it is simply illegal to defraud a loan but there is no actual criminal risk，It cannot be criminalized。The reason why criminal bet365 new customer offer punishes fraudulent loans、Illegal acts such as bill acceptance，Not just the abstract collective legal interest of protecting financial security，It depends more on the huge risk of losses to individual citizens behind his illegal behavior，This is also the protection purpose of criminal bet365 new customer offer regulations。So we also need to consider that some illegal loans, such as fraudulent loans, involve large amounts、Does infringement of the financial management system really bring about financial risks，Only when it is closely related to the personal legal interests of citizens, it is considered to constitute a criminal offense。

　　The "overlapping" boundary is missing

False “overlapping” of administrative violations and criminal crimes can also occur，The two expressions are almost identical。For example, the "Public Security Management Punishment bet365 new customer offer" and some "Criminal bet365 new customer offer" provisions have the same expressions，Leading to the substitution of punishment for punishment in judicial practice、Different verdicts for the same case happen from time to time，Becoming a difficult problem in judicial practice。Some scholars have counted such real-life cases，A and B also tolerate prostitution，The handling situation is completely different in different regions and cities。A was convicted by District A Court of harboring prostitution，5 years’ imprisonment；B was detained for 15 days by the District B Public Security Bureau under the "Public Security Management Punishment bet365 new customer offer"、5,000 yuan administrative fine。Article 67 of the "Public Security Management Punishment bet365 new customer offer" and Article 359 of the "Criminal bet365 new customer offer" on inducement、Tolerance、The basic terms introducing the crime of prostitution are exactly the same，But the processing gap is huge。According to the provisions of Article 359 of the Criminal bet365 new customer offer，temptation、Tolerance、Introducing others to prostitution，Sentence to fixed-term imprisonment of not more than 5 years、Detention or control，Concurrent fines；According to the provisions of Article 67 of the "Public Security Administration Punishment bet365 new customer offer"，temptation、Tolerance、Introducing others to prostitution，Detention for not less than 10 days but not more than 15 days，A fine of not more than 5,000 yuan may be imposed。There is deep competition in the behavioral provisions of the Criminal bet365 new customer offer and the Public Security Administration Punishment bet365 new customer offer，Failed to clearly differentiate between different gradients、Achieve seamless connection。It’s worth noting，This situation cannot be avoided in Article 85 of the 2017 Draft Amendment to the Public Security Management Punishment bet365 new customer offer。

Such crimes certainly reflect the subordination of criminal bet365 new customer offer to administrative bet365 new customer offer norms，Reflects the unity of legal order between administrative bet365 new customer offer and criminal crimes，But what follows is how to clarify the boundary between the two illegal amounts。On the one hand，Legislators must clarify the different purposes of normative protection between the two。Administrative violations focus on the authority of administrative order，Emphasis on social compliance with regulation；The criminal bet365 new customer offer hopes to achieve a balance between social protection and human rights protection，Focus on the substantial damage and degree of damage to social order caused by the behavior itself。On the other hand，The judicial practice department also needs to provide as clear a judicial interpretation as possible，Establish a typical case guidance system，Give more specific reference standards，Try to avoid chaos such as different sentences for the same case in different regions or the substitution of punishment for punishment。

In short，The "administrative bet365 new customer offer norms" in the criminal bet365 new customer offer provisions can only be used as a reference for judging criminal illegality，The basis for effectively regulating the size of the criminal circle is to test and restrict it based on the protection purpose of criminal bet365 new customer offer regulations，Refer to the four progressive dimensions of analysis in this article for a more dynamic way to judge judicial cases。

　　(Author’s unit: Department of bet365 new customer offer, Gannan Normal University)