我国法学界一直备受关注的热点话题之一,就是刑法与行政法的具体区别与衔接问题。该问题的不清晰,就会直接造成法律体系上的空白,缺乏对社会行为的约束力;这也是我国刑法修正案陆续出台、重型主义重提的主要原因之一。本文从行政刑法的理论源头和秩序犯、行政犯和刑事犯的构建体系与区别联系出发,有助于刑法、行政刑法以及行政法的一体化,葱而加强对整个社会的法律性制约。 One of the hot topics that has always been the subject of much attention in China’s jurisprudence field is the specific distinction and connection between criminal law and administrative law. This problem is not clear, it will directly lead to the legal system of the gap, the lack of binding on social behavior; This is one of the main reasons for the amendment of our criminal law one after another, heavy re-mention. This article starts from the theoretical source of administrative criminal law and the construction system of administrative criminals and criminal criminals, and helps to integrate criminal law, administrative criminal law and administrative law, and strengthens the legal restriction of the whole society.