《治安管理处罚法》的刑法基础

The Criminal Law Basis of Security Administration Punishment Law

立足《治安管理处罚法》与刑法的衔接与融合,探讨《治安管理处罚法》的刑法基础:治安处罚体系的构建与刑罚模式的借鉴;治安管理处罚范围与犯罪行为的对接;复杂违反治安管理行为的裁量处罚与罪数形态理论的移植。旨在提出具有实用性的执法建议。

Based on the link and amalgamation between the criminal law and Security Administration Punishment Law, the author discusses the criminal law basis of security administration punishment law from three points. The first is the establishment of security administration punishment system and the lesson we can draw from the mode of criminal law. The second is the punishment range of security administration and the connection of criminal behaviors. The third is the judgment and the punishment of complicated behaviors against security administration and the transplantation of the theory about the quantity of crime. At the same time, with regard to the understanding and application of several clauses in this law, some practical suggestions about enforcing the law are also given.