Administrative Penalty Case Discussions

In China, administrative penalty including punishment of the person can be executed by the people's police according to Law of the People's Republic of China on Administrative Penalty, Law of the People's Republic of China on Penalties for Administration of Public Security and other administrative laws under the light of Constitution of the People's Republic of China. Compared with the criminal offences, the administrative illegal offences are milder, but they are actually numerically much more. Therefore police administrative penalties greatly concern the vital interests of people. However, the important research on evidence evaluation and standard of proof in police administrative penalty cases hasn't got enough scholars'attention since a long time ago. and in character the standard of proof has always been defined as a proper noun in the lawsuit. It is appropriate to get down to research more earnestly and try to find a proper solution. In China, administrative organs are getting closer relation with people ordinarily like we shall get a traffic ticket from police rather than a summons served by a bailiff.Each country's judicial system has its own characteristics. In China, a lot of compulsory administrative penalties to restrict the personal freedom of a citizen are not pronounced by the judges but come from decisions of police. That makes the people's police is an administrative department as well as a judicial department. More important, considering history and the basic condition of the state, this administrative power isn't absolutely restricted by the government. Therefore, it is appropriate to explore the standards and methods of rational administrative penalty with the purpose of proper procedure and administrative rule of law.This abstract is made out in both English and Chinese versions. Considering the different concepts in Anglo-American law system, the author hereby sets Chinese version as standard and English version as a reference should any conflicts and misunderstandings accrued.