我国有关行政犯性质的学说及其评析

我国有倾向于质的差异说、倾向于量的差异说、倾向于质量差异说及双重性质说等四种较具代表性的行政犯性质学说。在我国,对行政犯性质的认定,则既要在立法上区分何种行为构成犯罪,何种行为仅构成秩序违反行为,又要在解释论上解决行政犯是否排除部分普通刑法总则的适用问题。

Comments on Doctrines about the Nature of Administrative Offence in China

In our country, the scholars tend to support the following representative doctrine of the nature of administration offence:doctrine of quantitative difference, doctrine of qualitative difference, doctrine of both quality and quantitative difference, doctrine of double nature. In China, as far as the affirmation of the nature of administration offence is concerned, we are supposed to distinguish the concept of crime, the violation of social order legislatively, while making clear that whether administration offence is exclusive of the provisions in the criminal law in application.