行政刑法界域探析--兼论《违法行为矫治法》的立法定位

自行政刑法的主张提出以来,行政刑法界域问题一直是法学界争论不休的论题.行政刑法的界域主要就是要确定行政刑法的法域及研究对象.无论从语法逻辑还是从我国法制实际来看,行政刑法都属于刑事法域.对于行政刑法的研究对象,应扩大行政犯罪及刑事责任的范围,并将今年全国人大列入五年立法规划的《违法行为矫治法》纳入行政刑法的范畴.

Research on the Scope of the Administrative Criminal Law--On the Legislative Orientation of the Illegal Acts Corrective Law

The scope of the administrative criminal law has been a controversial topic since it was initially studied.This subject is mainly about the scope and the research subjects.Based on the analysis of grammar logic and the Chinese reality,the conclusion can be reached that the administrative criminal law belongs to the scope of the criminal law.As far as the research subjects are concerned,the scope of the administrative crime and its criminal liability should be broadened,and The Illegal Acts Corrective Law,which was brought into the five-year legislative agenda in 2004,belongs to the scope of the administrative criminal law,too.