Systematic Interpretation and Purpose Limitation:An Analysis of theRules Governing the Interpretation of Cases Involving Concurrencebetween Administrative and Criminal Laws(PDF)
《南京师大学报》（社会科学版）[ISSN:1006-6977/CN:61-1281/TN]
- Issue:
- 2020年03期
- Page:
- 116-126
- Research Field:
- 法学研究
- Publishing date:
Info
- Title:
- Systematic Interpretation and Purpose Limitation:An Analysis of theRules Governing the Interpretation of Cases Involving Concurrencebetween Administrative and Criminal Laws
- Author(s):
- CAI Daotong
- Keywords:
- systematic interpretation; purpose limitation; concurrence between administrative and criminal laws; principle of nulla poena sine lege; unity of legal order
- PACS:
- -
- DOI:
- -
- Abstract:
- The judgement of whether an administrative violation act in economic area is also against criminal law and thus involves concurrence between administrative law and criminal law should presuppose the violation of administrative law. The administrative and criminal regulations including the miscellaneous clauses should be given a systematic interpretation under the unity of legal order. The systematic interpretations in this sense should also include the integrated internal interpretations within the system of administrative law and administrative regulations. The determination of the violation of criminal law should show due respect to typological specifications, if any, in the administrative regulations presupposed by criminal law and in particular the differential specifications made by the clauses involving criminal liability and no criminal legal consequences. It is of great guiding significance in concept to take criminal law as the secondary law in the economic cases involving concurrence between administrative law and criminal law. The administrative regulations differ from criminal regulations in target, and thus according to the principle of nulla poena sine lege, the interpretation of purpose should only be used as a reason for acquittal rather than for conviction:the limitation of purpose should be the basis for the acquittal decision in the cases involving concurrence between administrative and criminal laws which is against the purpose of the regulations and this is particularly true for the interpretation of miscellaneous clauses.
Last Update: 2020-05-31