On The Fault Liability Of Administrative Punishment In China

Administrative punishment is an important means for the administrative organs to realize the purpose of social management.In administrative legal relationship,administrative organs are endowed with larger powers by the constitution,and administrative counterparts are always in a relatively vulnerable position,and the means of administrative punishment are more likely to become the means of administrative organs to infringe the interests of the opposite party.Under such circumstances,the principle of fault liability has been introduced into the main civil law countries and the Taiwan area in China,so as to protect the administrative power and protect citizens' rights.By differentiating "intentional" and "negligent",it is stipulated that the attribution principle considering the subjective psychological state of the actor is more in line with the moral foundation and development power of the theory of legal liability.It is not only conducive to fill the vacancy of administrative punishment theory,but also provides general direction and basic behavior logic framework for the operation of administrative power in practice,and also meets the needs of social justice and administrative value pursuit.In addition to the introduction and conclusion,the full text is divided into three parts.The first part introduces the fault liability in the legal norms of administrative punishment and law enforcement practice,the key point is the principle in law and practice are hardly applicable,the main reason is the "administrative punishment law" at the beginning of the formulation of the objective social environment,the need to comply with the requirements of administrative efficiency,the law enforcement agencies behind economic interests the drive and administrative illegal behavior of social harm degree is low.The objective damage attributable to practice may cause social damage,which specifically damages the legitimate rights and interests of the administrative counterpart,and violates the principle of combining punishment with education,resulting in the reduction of national acceptance.The second part is the key content of this article.In theory,it provides the basis for the application of fault liability in administrative punishment.The responsibility of administrative punishment is a legal responsibility,analysis ability to maintain free will and social unity of legal liability of fault liability from the theoretical perspective of legal liability;legal system of administrative punishment in the pursuit of a certain value,the balance analysis of role of fault liability from the value balance theory;modern administrative law should comply with the "the essence of balance method",it reveals the practical significance of realizing the administrative organ and the administrative relative party rights and obligations of the overall balance of the fault liability from the perspective of "balance theory".The third part analyzes the realistic basis of the application of fault liability in administrative penalty,which not only adapts to the change of China's administrative law theory,but also complies with the trend of international development,and is consistent with the legislative intent of the administrative punishment law.The rule of law environment has prepared good soil for the application of fault liability.In practice,through the legislative confirmation of general fault liability imputation principle of presumption of fault,the corresponding status and no fault liability scope,can carry on the education and guidance in the administrative organ,the administrative counterpart can scientifically cultivate the concept of fault liability and public supervision consciousness.