Research On The Suitable Certain Question Of The Proportion Principle In Our Country's Administration Punishment Field

In the administration punishment field, because the right of free judgment losses control, the abuse of administration punishment power is common. Encroaching people's personal, estate and other legal right emerges in endlessly and some are very severity. Since the proportion principle is effective to prevent the abuse of free judgment right, it can be brought in administration punishment. This essay emphatically discusses how the proportional principle restricts and controls the right of free judgment in the administration punishment field. In the essay, we make reference to the basic theory of the administrative law and literature from domestic and overseas, analysis the relevant cases of proportional principle and administrative punishment, discuss the practices of proportional principle and relative legal requirement. In respect of the practices of proportional principle in the domestic administration punishment field, the essay expounds the leading position of the proportional principle in the domestic administrative law, more criterition and specification of proportional principle in lawmaking. Pay attention to the correctness of objective, and comprehensively consider all relevant factors to reduce the encroachment to people.