Seeing The Administrative Punishment From The Case Of The Illegal Operation Of The Branch Office Of The A Branch Office

As the network car has become a new type of travel,the number of administrative penalties involving the illegal operation of the network car has also increased rapidly.Since the network car is a road transportation service provided through the network platform,it is obviously different from the traditional road transportation mode,and the fee settlement is also completed by using the network platform.Therefore,there is a dispute over the identification and punishment of the illegal operation of the network car.In practice,There are still many problems in the administrative punishment cases for the illegal operation of the network car.First of all,the administrative punishment unit in this case is the Transportation Management Office.Although it is an administrative institution,it has the power of administrative punishment for its special historical reasons and possesses the qualification of administrative punishment.Secondly,the object of administrative punishment is always controversial in the academic circle.The author believes that in the case of administrative penalties in the case of inconsistency between the illegally operating vehicle owner and the offender,the owner of the vehicle and the offender should be jointly liable for administrative punishment;again,the issue of determining the illegal operation should not be The certainty of the service object and the direct collection of the fee are the standard;finally,the scope of the mitigation penalty in the administrative penalty case is legally blank,and the discretionary basis for mitigating the punishment should be established as soon as possible.In the trial of the case,these issues are closely related to the outcome of the case.This author hopes that through the analysis and discussion of the focus issues in practice,it will hope to solve the problem of political punishment involved in the illegal operation of the network.