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刑法是最严厉的法律,对人们的行为具有重要的指引作用。随着经济发展和社会进步,行政机关的行政职能日趋增强,作为保障法的刑法有时会介入政治、经济、环境等领域,以适应加强社会调控的需要。在此背景下,违反行政法规成为刑法中的入罪条件之一,行政犯在刑法体系中不断扩张。然而,将大量没有指明违反法规具体条文与国家规定具体内容的行政犯以空白罪状的形式规定在刑法中,影响刑法的准确理解和适用。污染环境罪作为典型
Criminal law is the most severe law, which plays an important guiding role in people’s behavior. With the economic development and social progress, the administrative functions of administrative organs are increasingly strengthened. Criminal law as the safeguard law sometimes intervenes in the political, economic and environmental fields to meet the need of strengthening social regulation and control. Against this background, the violation of administrative laws and regulations has become one of the conditions for criminalization of criminal law. Administrative offenders have been constantly expanding in the criminal law system. However, a large number of administrative prisoners who fail to specify violations of the specific provisions of laws and regulations and the specific provisions of the state stipulate in the criminal law the precise understanding and application of criminal law in the form of blank guilt. Pollution of the environment as a typical crime