| The administrative penalties for traffic violations are backed by national coercive force,which is an important part of the national administrative power.Germany,Austria,Russia have all introduced fault-tolerance theory in the administrative penalty legislation.By determining the subjective factors of the behavior,that is,"intentional" or "negligence",the subjective state of the actor's illegal behavior is comprehensively considered to ensure The legitimate rights and interests of the administrative counterpart effectively limit the improper implementation of administrative power.Judging from the current research on the principle of punishment of administrative punishment in my country,there are different theories,the overall research is not deep enough,and there is considerable controversy in the practical application.With the continuous growth of China's road traffic vehicles and participants,the administrative penalties in the field of traffic violations have changed greatly in terms of number and situation.The implementation of the principle of fault attribution in the field of traffic penalties will definitely cause strong reactions and enhance the public.The awareness of rights protection in the field of traffic safety effectively restricts the improper implementation of traffic punishment rights and has a positive impact on the establishment of the principle of liability in the entire administrative punishment field.In addition to the introduction and conclusion,this article has four parts.The first part gives a comprehensive introduction to the overview of the principle of administrative punishment liability,systematically explains the basic concepts and classification of the principle of administrative punishment liability,and indicates the important role of research on the principle of administrative punishment liability for the development of China's administrative law.The research on the practical application of the principle of regional fault blame and the current status of China's administrative law blame,attempts to provide a direction for the study of the domestic traffic punishment punishment principle.The second part comprehensively analyzes the reasons why the fault liability principle should be applied in my country's transportation field,and points out the direction for the future application of the theory of my country's transportation liability theory.From the actual situation and combined with the analysis of road traffic safety cases,the objective liability principle is no longer suitable for the application of administrative punishment in China.It will not only infringe the interests of administrative relatives,but also cause serious social conflicts;from a theoretical perspective,the concept of administrative law in China is constantly Development,the essential connotation of "service theory","control theory" and "balance theory",the constitution's spiritual expectation of protecting human rights,and the substantive requirements for the combination of administrative punishment education and punishment all call for the accelerated introduction of fault blame;tracing the source from the law From the perspective of analysis,the principle of subjective fault blame is considered by the legislator at the beginning of legislation.The third part contemplates the specific application of fault blame in traffic administrative punishment.At present,most scholars mostly stay on the principle of fault presumption in the study of the application mechanism of the principle of fault liability.This chapter contemplates that in the field of road traffic safety,the strict fault principle applies to the liability for personal punishment,and the presumption principle of fault applies to non-personal restrictive punishment.,Build a penalty adjustment mechanism.In the fourth aspect,this article attempts to construct an implementation path for introducing fault blame from traffic administration punishment from two aspects: legislative construction and pilot application. |
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