Abstract:

“Administrative punishments” in the criminal law are atypical elements of incrimination, which put a premium on the expansion of criminals under the guidance of criminal policies, but none of current theories can fully demonstrate the rationality and necessity of administrative punishments as elements of incrimination, be it in the perspective of legal fiction, function of the guarantee of criminal law, or new forms of crimes. According to the modest principle of criminal law and the basic concept of venial penalty, the principle of exhaustion of administrative penalty should be followed at the level of criminal legislation, which means the types and extent of the administrative penalties that the actor receives should be exhausted. At the level of criminal justice, administrative punishments, as atypical elements, cannot be used alone as a demarcation for the division between criminal and administrative cases, but referring to the traditional standard of incrimination taking into account the nature and amount of crimes of each accusation. The elements of administrative punishments in Criminal Law should be applied with restrictive interpretation.
Key words：

Key words: administrative punishments｜ criminal punishability｜ standards of incrimination｜ restrictive interpretation,