Research On Subjective Elements Of Administrative Punishment

Administrative punishment,as one of the important means for China to carry out administrative management,guarantee political and economic order and maintain social development,plays an increasingly important role in establishing and perfecting social order.At the same time,administrative punishment is also a kind of legal sanction imposed by the administrative organs on those who violate administrative laws and regulations.Therefore,although the implementation of administrative punishment can protect the development of social order and protect the rights and interests of citizens,the abuse of the power of administrative punishment can also infringe on the rights and interests of citizens and thus undermine the development of social order.However,in the field of administrative punishment in China today,there are still controversies about the constituent elements of administrative punishment.The main points of view are: "three-level theory","three-element theory","four-element theory","four-element theory","two-element theory","The main point of contention between the various views is whether the subjective state of their actions should be considered when administrative punishment is imposed on the administrative counterpart.By starting from two aspects,theoretical basis and practical significance,we affirm the necessity of subjective elements in the elements of administrative punishment.Based on the current situation of administrative punishment in our country,the analysis of the courts' judgments on administrative punishment cases in practice has gradually begun to consider subjective faults as a decisive factor for the reasonableness of the results of administrative punishment,and also pointed out that the lack of subjective requirements led to administrative punishment Relevant problems brought about by the implementation of the policy further affirm the importance of the existence of subjective requirements in the constitutional requirements of administrative punishment.Later,through the study of representative regions that have incorporated subjective elements into the system of constituent elements in administrative punishment outside the territory,it is shown that considering subjective elements in administrative punishment is not the first of our country.There are already laws and regulations formulated abroad,and China can learn from Relevant experience combined with current national conditions to improve the content of subjective requirements in administrative punishment.Only in this way can the improvement of China's administrative law system be promoted,under the premise of legal and reasonable exercise of the power of administrative punishment,and the protection of human rights be maximized,can the administrative counterpart be protected from excessive investigation of administrative punishment;and the abuse of the power of administrative punishment can be prevented In order to achieve the fairness and justice of the punishment results;only in this way can the administrative punishment really play a positive disciplinary and guarantee role,so that the administrative punishment can achieve the theoretical and practical significance of the unification of the legal and social effects that it hopes to achieve when it is established.