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行政犯身兼行政违法性和刑事违法性,故此行政犯应当承担双重法律责任。又因行政法与刑法均是公法、惩罚法,这就使得在行政犯法律责任实现问题上,须将行政法律责任与刑事法律责任的实现方法有机整合,同时还应坚持实体上并合为基本原则,同类不再并用为例外,而在程序上保证刑事责任优先适用。鉴于行政违法行为犯罪化的趋势日益明显,为正确适用法律,依法公正合理地追究行政犯法律责任,应加强研究和完善行政犯法律责任的实现路径。
Administrative offenders also serve both administrative illegality and criminal illegality, so administrative criminals should assume dual legal responsibilities. And because both administrative law and criminal law are public law and punish law, which makes the administrative law responsibility to realize the issue of administrative law liability and criminal legal responsibility to achieve the organic integration, but also should adhere to the basic merging of the basic Principle, the same type is no longer used as an exception, and procedural guarantees of criminal responsibility priority apply. In view of the increasingly obvious trend of criminalization of administrative illegal acts, in order to correctly apply the law and investigate the legal responsibilities of administrative criminals fairly and reasonably according to law, it is necessary to strengthen the study and improvement of the path of realizing the legal responsibilities of administrative criminals.