行政刑法立法原则重构

Restatement on the Legal Rules of Administrative Criminal Law

我国刑法体系中的行政刑法规范数量众多,为了解决目前刑法典中的行政刑法、单行行政刑法以及附属行政刑法法规之间的诸多竞合和矛盾之处,单独设置行政刑法已经成为完善我国刑法的迫切需要。确立以行政刑法为核心的专门立法,应当采取行为本位主义的立法模式,坚持间接调整原则,采用直接设置独立罪名、法定刑和设置照应性刑法规范相结合的结构,设置特有的刑罚原则,实现行政刑法理念和行政犯罪司法体系的更新与创造。

In the criminal law system of China, there are amounts of administrative criminal laws. But the truth is, a lot of contradictions and overlaps appeared in criminal law implementation, independent administrative criminal law and affiliated administrative law, which we have to get rid of urgently. Therefore, whether to regulate an administrative criminal law or not has become the focus of criminal law research. If we are sure to form a special legislation, the administrative criminal law should obey such pattern as non-directive adjustment doctrine, contributory doctrine, and special penalty doctrine and so on. The doctrines mentioned above are to realize the objection of refreshment and creativeness of administrative criminal law and administrative judicial system.