On The Principle Of Liability Fixation In Administrative Punishment

In our country,there is no clear regulation on the principle of liability fixation,but the law enforcement organs in administrative punishment,this is an inevitable problem.Therefore,different departments in different regions may have their own understanding and a set of practices.Now most of the domestic law enforcement agencies in the punishment,is whether or not the subjective aspects of human behavior has a direct fault,according to the objective if the violation of the law,which can be identified as administrative law,administrative punishment.Therefore,in this article,the author has borrowed the concept of "imputation principle" in civil law,and classified the penalty method as the principle of liability without fault.But as a law enforcement officer,that which has a lot of unreasonable,so the author put forward the administrative punishment should apply the presumption of fault liability imputation principle,should and must consider whether the actor has subjective fault.The legislative and administrative law at home and abroad through the origin and the subjective purpose of the legislation and legal principles discusses their difference,and try to find out the advantages and disadvantages between the two,by the way of comparing to our country's law enforcement agencies and law enforcement personnel punishment,apply the principle of attribution direction or opinion.And in the last part of the article,gives the "administrative punishment law" in the future to amend the proposal.And in introducing the concept of the principle of imputation,because it has been determined to consider the subjective aspects of the behavior of people,and proposed a number of old ideas and new concepts together with the introduction of new concepts.