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

With the continuous development of China's economy,the rule of law gra dually improved,the problems are increasing,and the irrationality of administra tive punishment,it is also one of the main problems facing us,to solve this p roblem,it should be from the administrative litigation cases of administrative p unishment of the relevant legislation,administrative enforcement,administrative punishment full range to improve,but there must be a prerequisite,that is at e very stage,should always adhere to the principle of proportion guidance.The principle of proportionality can well solve a series of problems in administrativ e penalty.On the basis of previous studies,this paper discusses the application of proportionality principle in administrative penalty.The principle of proporti onality in the development process,its connotation is constantly enriched and i mproved,it has the appropriate,necessary,balanced three sub principles.The problem of environmental pollution in China is more and more seriou s,especially the environmental violations of enterprises.There are a lot of fact ors for that,from a legal point of view,the provisions of China's laws and re gulations on environmental administrative penalty exist unreasonably.The degre e of administrative punishment the government granted to the enterprise is obvi ously insufficient,especially in some large enterprises,which didn't play a role in keeping the order of environmental administration.Combined with China's l aws and regulations and law enforcement,we can find that there exist s the ph enomenon excessive application of the principle of proportionality in China's en vironmental administrative penalty,reasonable consideration to public interest on environment is ignored and the "public interest" of the government is focused in many administrative punishments,which protected the benefits of the private enterprise instead.Through the analysis of the principle of proportionality,we can found that the traditional principle of proportionality has not been applied in environmental administrative punishment and needs to be created.Therefore,this article will focus on the real value of administrative penalties of the princi ple of proportion in the enterprise environment.