The Principle Of Proportionality In Administrative Punishment Applies Case Studies

Administrative penalty is the administrative organs exercise their functions and powers, the management is an important way of social affairs, due to the rapid development of social life, as well as the limitations of law itself, the administrative organ at the time of the exercise of administrative penalties and other administrative power inevitably to the exercise of discretion. Discretion improper exercise of will damage the administrative relative person's legitimate rights and interests and social public interests, the proportion principle contained in the appropriateness principle, principle of necessity and proportionality principle of three child, can effectively control from the aspects of ends and means on the exercise of administrative penalty discretion.Based on legislation, law enforcement, judicial three Angle discusses proportion principle in administrative penalties apply. Introduces the necessity of introducing the proportion principle in legislation, and the general law and administrative legislation line the proportion principle in the relevant laws and regulations. Aimed at the problems existing in the legislation, perfecting Suggestions are put forward. In law enforcement section, analysis of proportionality applies the importance and existing problems, and law enforcement personnel's quality is not high, and the distortion of administrative law enforcement purpose is easy to cause the abuse of discretion, improving Suggestions to solve these problems. In judicial section, by introducing proportion principle of classic case in the judicial application of the status quo, with a new revision of the "administrative procedural law" manifests the proportion principle in the specific provisions to discusses the system of judicial review of administrative penalties apply the principle of proportion.