单位犯罪中行、刑两种性质的交叉关系

1997年弄法典确立的单位犯罪,大都在触犯刑律的同时又违反了行政法规范的规定,表现出明显的“双违性”特征。这一现象究竟是立法上的一种偶然,还是有其内在的客观必然性?本文通过引入行政犯罪的概念,从理论上探究了单位犯罪中行政违法的普遍性根源,充分阐述了单位犯罪中行、刑两种法律性质的交叉关系及其法律特征,旨在为法律实践中全面、客观、公正、准确地落实单位犯罪的全部法律责任,以切实有效地预防和打击单位犯罪提供科学的理论依据。

On Intersect Relative Between Administrative and Criminal Nature in Corporate Crime

most of the corporate crimes established in 1997 Criminal Code, which offend not only criminal law but also administrative law meanwhile, have an obvious "double -breach of law" characteristic. Does it is a accidental phenomena in legislation or is there its inherent objective law on earth? So, aiming to advance scientific and theoretic basis about how to come true all liability of corporate crime entirely, objectively, fairly and exactly in law practice and about how to prevent and penalize corporate crime effectively, the article has thrown light on the basic reason that administrative malfeasances exist in corporate crimes commonly by citing the notion of administrative crime and entirely demonstrated the administrative and criminal intersect relative in corporate crime as well as its features of law.