Introduction to Administrative Criminal Law

Author: Li Xiaoming
Publisher:
Publish Date: 2003-11-01
Features: The author dares to be the first to use the theoretical category of "Administrative Criminal Law," giving us hope of seeing the birth of a new legal discipline, or even an emerging interdisciplinary legal discipline. — Yang Haikun
In previous administrative criminal law works, most were studies on specific crimes under the division of administrative criminal law, while research on fundamental theories in the general theory was extremely weak. Li Xiaoming systematically elaborates on the basic principles of administrative criminal law in this book, making it a cutting-edge academic achievement in the field of administrative criminal law research in China. — Chen Xingliang
The study of administrative criminal law began in early 20th-century Germany and subsequently developed significantly in Continental countries and Japan. Currently, China's research on administrative criminal law is still in its infancy and early stages. Research has found that, to date, neither Chinese nor foreign scholars have proposed a basic concept or category for "Administrative Criminal Law," nor has anyone proposed a systematic construction of the discipline of administrative criminal law. This book provides a relatively systematic perspective and construction of the fundamental theories and discipline system of Chinese administrative criminal law from the dual perspectives of administrative law and criminal law.
First, it elaborates on the historical background and logical starting point of the emergence of administrative criminal law, as well as the century-old theoretical debates and the ultimate of the administrative criminal law domain. Next, it innovatively proposes the discipline construction of administrative criminal law and systematically argues for it from various aspects, including basic categories, research objects, research methods, discipline standards, and systems. Ultimately, it defines the discipline's nature as an interdisciplinary field, places its level and status as a secondary discipline parallel to criminal law or administrative law, and preliminarily constructs the discipline system of administrative criminal law, systematically elaborating on its relationships with other branches of law.
Subsequently, it conducts a thorough and in-depth discussion and analysis of the creation and development of administrative criminal law norms from macro, meso, and micro perspectives. It particularly proposes that administrative criminal law norms consist of three parts: legal concepts of administrative criminal law, basic rules of administrative criminal law, and basic principles of administrative criminal law. It categorizes administrative criminal law legal concepts into three aspects: human-related, object-related, and event-related. It designs the basic structure of administrative criminal law rules as behavioral models and legal consequences, and correspondingly develops "responsibility determination by law" and "responsibility proportionality" from "crime determination by law" and "crime proportionality." It also deeply discusses the legislative procedures, basic content, legislative principles, and technical requirements of administrative criminal law norms.
In the chapter on the identification and classification of administrative crimes, it thoroughly studies the basic categories and characteristics of administrative crimes and proposes a new tripartite theory of the constitution of administrative crimes, namely administrative criminal acts, administrative criminal subjects, and administrative criminal intent. It systematically studies the types, offenses, and forms of administrative crimes. In the chapter on the assumption and realization of administrative criminal liability, it thoroughly studies the basic categories of administrative criminal liability, deeply analyzes the basic content and forms of realizing administrative criminal liability, as well as the specific discretion, realization, and termination of administrative criminal liability.
Finally, starting from the practical needs of building and improving China's administrative criminal law, it comprehensively searches for the fundamental breakthrough points and entry points of the reform of labor education legislation. It specifically analyzes the historical dislocation of the labor education system, the predicament encountered after the implementation of the Administrative Penalties Law and the Legislation Law, as well as the faced due to value conflicts in the selection of labor education legislative reform plans. It even delves into the search for the fundamental reasons behind this predicament, the impact of the definition and quantification of the crime concept on China's current two major sanction systems, and proposes a systematic plan for the integration, practical design, and future reconstruction of administrative criminal law norms. It aims to find an effective way to fundamentally coordinate and resolve the contradictions between the stability and variability of China's traditional criminal law and administrative criminal law, thereby achieving the basic goal of judicializing personal liberty penalties in administrative criminal law and truly promoting and enhancing the coordination, harmony, and collaboration between the two different legal norms of administrative law and criminal law.
Ultimately, it seeks to promote and improve the discipline construction and theoretical system of China's administrative criminal law.