Comparative Study of Administrative Criminal Law

Author: Huang He
Publisher:
Publish Date: 2001-06-01
Features: "On the Concept of Crime" is the doctoral dissertation of Comrade Li Hanjun, in which he provides a comprehensive and in-depth discussion on the issue of the concept of crime. The book offers a unique perspective, novel arguments, and clear viewpoints, demonstrating innovation, extensive research, thorough arguments, rigorous logic, and fluent writing, making it a valuable reference for legal professionals. The theory of administrative criminal law originated in Germany at the beginning of the 20th century. However, research on administrative criminal law in China has only recently begun. This book examines administrative criminal law from the perspectives of criminal law and administrative law, first discussing its origins, development, and foundational arguments. It then compares and studies existing concepts of administrative criminal law both domestically and internationally, exploring suitable concepts and characteristics for China's context. Through an analysis of the status, nature, role, and existing issues of China's current labor re-education system within the legal system, the book argues that the objectives of labor re-education should be clearly defined and that the system should be incorporated into China's administrative criminal law framework. Administrative criminal law in China is a comprehensive set of legal norms that stipulates administrative crimes and their penalties, as well as legal norms for labor re-education, established by the state to achieve administrative purposes and maintain normal administrative order. This book posits that administrative criminal law possesses the nature of criminal law. On this basis, it explores the legislative principles and methods of administrative criminal law, conducts an in-depth comparative study of the concept of administrative crimes and their constitutive elements, and analyzes the concept, function, and objectives of administrative penalties. It proposes that administrative criminal law should establish a corresponding administrative penalty system tailored to the of administrative crimes to achieve the state's administrative objectives.