Research On The Application Of Proportional Principle In Administrative Punishment

There are many ways of administrative management of administrative organs.Among them,administrative punishment is the administrative method of administrative sanctions.It is one of the many effective ways of management.This specific administrative act achieves the function and value of administrative punishment by imposing warnings,fines,and revoking business licenses on the offenders,and promotes the construction of the rule of law government and the rule of law society.Administrative penalties are“severe”compared to other specific administrative actions.Even if the personal and property freedom of the person being punished cannot be deprived like criminal punishment,the manager' s interests can be restricted,such as warnings and punishments.The administrative counterparts can be mentally instructed;the personal rights and property rights of the administrative counterparts can be restricted by confiscation of illegal gains,confiscation of illegal property,order to suspend production and business suspension,and administrative detention.However,as far as the current administrative management practice in China is concerned,in the process of implementing administrative punishment,the administrative organ is subject to the subjective consciousness of law enforcement and the law enforcement norms,which may easily lead to unreasonable punishment.Therefore,the administrative agency can be restricted by applying the"proportional principle",so that administrative punishment can be implemented more fairly and reasonably in our country.This paper introduces Chen's case against Jinan Passenger Transport Management Center,sorts out the origin of the principle of proportionality and the dispute points applicable in China,and analyzes the mature theory and practice abroad.On this basis,we will deeply discuss the application of the principle of proportionality in administrative punishment,and focus on the protection of new things,the appropriateness of punishment,and the arbitrariness of administrative agencies,with a view to the current administrative punishment in China.The problem has improved.In this regard,this paper will study the application of the proportional principle in administrative punishment through the following four parts:The first part is an overview of the theoretical knowledge of the proportional principle in administrative punishment.The content is analyzed and the three sub-principles are discussed in detail,and the meanings and characteristics are explained,so as to clarify the necessity of the existence of the proportional principle in administrative punishment,and lay a theoretical foundation for the later problems.The second part studies the application of the principle of proportionality in extraterritorial administrative punishment,analyzes the application of the proportional principle of typical countries in the two major legal systems of the Anglo-American legal system and the civil law system,and summarizes its applicable experience,thus providing reference for China's system construction.The third part begins with the specific cases of the principle of proportional application in administrative punishment,starting from the three sub-principles of the principle of appropriateness,the principle of necessity and the principle of balance,and analyzes the corresponding cases separately.The fourth part,proposes corresponding solutions to the problems existing in its application.