The Discussion About The Cognizance Of The Qualification Of The Punished-Party

Base on the subordinate status of a correspondingly administrative personnel/party in the droit administration, the theory of the correspondingly administrative personnel/party is the weakest research area of the administrative jurisprudence.So far, administrative legislation and jurisdiction have not made clear-cut provision, and there is rarely specific academic legal study for this area. By practicing in this legal environment, it is very difficult for our administrative legislature to make the correct analysis about the cognizance for the punished party. This has direct effect on the related rights and benefits for the correspondingly administrative party.Also, it has concern about whether the sanction of the administrative case is correct, and legitimate.Therefore, the author centered on several typical cases, went through the definition of punished party and conclusion in the theory of correspondingly administrative personnel/party, and tried to define the qualification of the punished party from the point view of analyzing the party who should take the administrative responsibility.The purpose for this thinking is to correctly locate the punished party to help the practice.