Research On Administrative Fine

Among the many penalties in the field of administrative punishment,the status and role of fine have always been rather special.While fine is also one of the most commonly used instruments compared to other forms of punishment,administrative punishment has more flexibility in application and is more commonly used.In recent years,with the economic development of our country and with steadily promote process of governing the country according to law,administrative organ always uses the administrative punishment to achieve its regulatory duties aim in the exercise of administrative punishment.In terms of the popularity of the application,fine holds the top priority in various administrative modes.Fine as an administrative punishment refers to the administrative fine law enforcement agencies at the administrative counterparts in violation of the provisions of administrative law fulfill their obligation to pay a certain amount of money within the prescribed period so that it is economically damaged,thereby warning the relative is not in progress fine for illegal acts.Under the administrative fine,the administrative counterpart suffered losses in the economic interests and gave certain relative deterrent and educational effects through the loss of economic interests.Compared with warnings,detention and other punishment,fine is relatively easy to operate and can be based on the severity of the administrative counterparts' unlawful act imposed a different number of fines.The result of the punishment can also be accepted by relatives and the fine has the effect of general prevention and special prevention.So whether in ancient or modern,domestic or foreign,fine is the most commonly used form of punishment in administrative punishments.The purpose of the fine for establishing a fine in legislation is to better regulate the behavior of the counterpart and to suppress the recurrence of crimes by the perpetrator.However,judging from the current practice of administrative law enforcement in our country,the abuse of administrative fine is not only a few but also triggered a series of problems.This article mainly studies the following aspects of administrative fine:Part 1,the legal definition of administrative fine and functional orientation.First,the author introduces the definition of administrative fine and analyzes the connotation of administrative fine as well as the applicable conditions and then analyzes the functions of administrative fine.Part 2,the dilemma of administrative fine and the cause of the dilemma.First,analyze the dilemma that the current administrative fines are facing in practice.In practice,there are many deficiencies,such as the proliferation of administrative fine,abuse of discretion and so on.Then analyze the reasons for the administrative fine difficulties,from many aspects of analysis,the reasons for the law also has the main reason for law enforcement and so on.Part 3,administrative fine dilemma governance strategy.Aiming at the dilemma of administrative fine,this article puts forward perfecting measures from five aspects.Respectively,restore positioning system of administrative fine,regulate the discretionary power of administrative fine,change the way of administrative fine enforcement,improve the administrative fine procedures and strengthen the supervision of administrative fine.To further promote the improvement of China's administrative fine system.