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The Application Of Proportion Principle In Administration Punishment

Posted on:2013-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y WuFull Text:PDF
GTID:2246330395952284Subject:Law
Abstract/Summary:PDF Full Text Request
The administration punishment is one of the effective management of the administrative organizations.It plays an imporant role in our social life and makes a considerable contribution to the public welfare of society as a whole. Meanwhile, the administration punishment is a very stringent measures.Although its harm to criminals is smaller than The Criminal Law,it restricts and deprives the personal interests of the administrative relatives. the administration punishment is not only a way of punishment, but also contains the meaning of education. If our law are lack of punishment, it is difficult to ensure that the same criminals will abide by the law next time.That is to say, it is essential in our society. Only if the law-breakers were punished and education would they abide by the law in terms of concerns. The administration punishment are applied to our society extensively, however, some punishments are unreasonable undeniablely.The prblems are as follows:a large number of cases show that the executive authorities are often abuse of administration punishment. It causes a certain damage to the interests of the executive relatives as well as our country.The way to regulate administration punishment becomes an important issues nowdays.As a tool introduced from the extra-territorial restrictions,the principle of proportionality plays a significant role in restricting the behavior of the executive authorities. It requires to constrain the administrative act with three sub-principles.From the practice of extraterritorial cases we can see that this methods are Operational and are easily to use. The author attempts to combine the principle of proportionality and administration punishment so that the punishment is more rational and efficient.This paper consists of three chapters. In the first section, The author introduces the basic theory of the administration punishment and illustrates the principle of proportionality in the use of administration punishment in extra-territorial areas. It analyzes in the sphere of specific legal provisions and cases.In the secondm section,it analyzes the necessity and feasibility of the principle of proportionality. The necessity concludes the lack of the principle of rationality, maintaining the stability of the penalty cases and free discretion. The feasibility concludes specific legal provisions and cases.The last part focuses on the application of the principle of proportionality.It expounds the administration punishment legislation the application in the enforcement of administrative penalties and proceedings in administrative penalties.
Keywords/Search Tags:The proportional principle, The administration punishment, Necessity
PDF Full Text Request
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