从刑行交叉视角看待行政犯罪及其惩罚

刑行交叉是研究行政犯罪的关键，基于刑行交叉的视角，将行政犯罪界定为违反国家行政法律规范而又触犯刑律，应当承担刑事责任的犯罪行为。同时，基于此视角，探讨了行政犯罪惩罚的根据即其法律责任，得出了刑事责任优先的刑事、行政双重责任的结论，进而强调实现行政犯罪的惩罚关键要做好行政执法与刑事司法的衔接。针对实践中的问题提出对策。

A Discussion of Administrative Crime and its Punishment from the Angle of Crossing of Criminal and Civil Laws

Crossing of criminal and civil laws is the key to the study of administrative crimes, and administrative crime is a criminal offence violating administrative legal norms, the committer of which should undertake criminal responsibility. The paper concludes that the legal liability of administrative crime includes both criminal liability and administrative liability, with the former being taken first. Finally linkage between administrative enforcement and criminal justice is discussed in the paper.