犯罪与行政违法行为的理论界限新探

New Approach to Theoretical Boundary between Crime and Administrative Offense

传统上区分犯罪和行政违法行为的努力多着眼于行为本身,试图从行为的质、量、或质量上做出明确区分,但未达目的。不过如果我们把视角转向决策者,即可观察到预防、报复及公共决策者及其所代言群体的福利最大化是犯罪与行政违法行为的理论界限;同时,在特定法域要注意其他因素的影响,比如意识形态。

Traditional efforts on differentiation between crime and administrative offense were focused on acts, and scholars tried to differentiate by quality, quantity, or both quality and quantity of acts, but failed. If we try to deal this issue by focusing on policy -maker, we can conclude that the maximum line of welfare （utility）, of prevention, retaliation, and interests, which policy - makers seek and represent, is the theoretical boundary. Other factors, such as ideology, may have significant influence in specific circumstances.