关键词: 程序依附性要素; 客观处罚条件; 刑行衔接机制; 规范目的; 行政行为效力

Abstract: As a special element of crime， procedure dependency elements require that the establishment of the crime must be involved in specific administrative act. Whether a conviction or punishment is necessary is judged based on the reaction of the actor. Procedure dependency elements are often expressed in the form of administrative imperative provisions， and characterized by objectivity， remediation， and intervention. The systematic positioning of these elements should be explored separately in conjunction with specific expressions in different crimes， and should not be treated as the same. The objective punishment condition theory cannot accord with the particularity of procedural dependency elements， or reasonably solve the problems faced by this element. Therefore， the crime constitutive elements theory should be supported. As for the identification of procedural dependency elements， we should focus on the realization of the normative purpose of the elements. As long as a specific administrative act plays a substantial role in assisting the actor to realize his own wrongful act， the procedural restrictions can be considered satisfied. If the actor refuses to repent and meets other conditions， he can be convicted and punished.

Key words: procedure dependency elements; objective penalty condition; mechanism of connection between criminal law and administrative law; specification purposes; effect of administrative act