浅析行政犯中刑事违法与行政违法的认定——以王某军非法经营案为切入

Initial Analysis on How to Verify Whether the Criminal Law or the Administrative Law is Violated in the Administrative Crime——Beginning with the Wang X-jun’s Illegal Business Operation Case

行政犯中的刑事违法和行政违法既存在重叠,又存在差异。厘清刑事违法和行政违法的关系,是刑事犯罪实务认定的关键问题。刑事违法既要以行政违法为前提,又要有刑法的明文规定,危害严重达到犯罪程度。确定刑事违法与行政违法之间的界线,对于解决行政规制和刑事规制的两法衔接具有重要意义。

The violations of the criminal law or the administrative law in administrative crime are often intertwined and also different.To clarify the relationship between violations of the criminal law or the administrative law is the key issue of criminal conviction.The violations of the criminal law should be handled by taking administrative law as the guideline,acting on the explicit provisions of the criminal law,or considering whether the harm is serious enough to reach the criminal extent.Determining the boundary between the violations of the criminal law and the administrative law is of great significance to solve the problem of connection between administrative regulation and criminal regulation.