The Study On The Application Of The Principle Of Proportionality In Administrative Punishment

With China economic of constantly development, rule of law of gradually perfect, which exists of problem also constantly increased, one of the problems is administrative punishment of not rationality, if we want to solute this problem, will from administrative punishment of related legislation, and administrative law enforcement, and administrative punishment of administrative litigation case full to for perfect, but here must has a premise, that is regardless of in which stage, always should insisted to proportions principles for guide. Application of principle of proportionality can solve problems existing in administrative punishment. This article on the basis of previous studies, to the principle of proportionality in the application of administrative punishment in detail. In the development of the principle of proportionality, constantly enriched and improved its connotation, its appropriateness, necessity and proportionality of three principles. Also compared the application of proportion principle in foreign countries, enumerates the civil and common law countries to carry out a comparative analysis.Applies principles consistent with the nature of the legislation, will make the State more objectivity; may define the principle of reasonableness in the law enforcement process, effectively discretion; administrative penalties in cases of administrative litigation will make results more scientific and stability increases relative to the acceptability of the outcome of the trial. The principle of proportionality in the application of administrative penalties process, basic principles of legislation as an administrative punishment and discretion on administrative punishment criteria for baseline; law enforcement targeting of public interest, carefully taking a personal approach; the justice taken on the three principles of proportionality review.Certainly proportions principles in administrative punishment of applies process in the also exists some problem, in administrative punishment of legislation in the will makes administrative subject increased legislation cost, and bear punishment results of relative people exists uncertainty; administrative law enforcement in the law enforcement subject exists subjectivity, proportions principles of operation program does not clear, problem; administrative punishment of administrative litigation case in the exists with will makes Court judicial review burden had big, and jurisdiction may was abuse of dangerous, problem. For above problem also can from administrative punishment of legislation, and administrative law enforcement, and on administrative punishment of administrative litigation case three a aspects for solution, in administrative punishment of legislation in the developed of legal to responsibilities unified, and appropriate grasp proportions principles of applies degree; in administrative law enforcement in the upgrade law enforcement personnel of quality, and in law enforcement process in the to insisted free and order of measure; and judicial Shang, to clear proof responsibility of distribution, and played case guide of role.