The Promotion of Unification of Criminal Offense and Administrative Offense——Also on Verification of Intention of Crime Related With Administrative Law

Criterion of discriminating between criminal offense and administrative offense can not operate properly. Neither criterion of morality nor criterion of living order can draw a clear line between criminal offense and administrative offense. Theory of discriminating between criminal offense and administrative offense was created to deal with the special problem under Germany and Japan's legislative system. However,when it comes to our criminal legislative model,it is meaningless to make this discrimination. Generally speaking,illegal recognition is not indispensable in verification of administrative offense's intention. A unified criterion should be used on verification of intention of both criminal offense and administrative offense.