Research On The Application Of Subjective Fault Clause In Administrative Punishment Law

Administrative punishment plays an important role in maintaining normal social order and ensuring normal social development.Administrative punishment in our country has always been based on objective attribution as the principle of attribution,the subjective fault of the administrative counterpart is not considered in the administrative punishment.However,for a long time,there have been many criticisms of objective attribution in academic circles,mainly focusing on "lack of human rights protection" and "not in line with international legislative trends".In 2021,our country revised the Administrative Punishment Law,and an important point that attracted attention was the addition of a new subjective fault clause.The introduction of this clause has not changed the status quo of objective imputation of administrative penalties in our country.However,the revision of the "Administrative Punishment Law" also shows that our country’s legislature has taken the subjective fault of the administrative counterpart into consideration,fully embodying the respect and protection of human rights in our country’s laws,making the "Administrative Punishment Law" a warmer law.Regarding the specific determination of subjective fault,we should comprehensively consider the provisions of criminal law,civil law and the status quo of international legislation.Subjective fault in administrative punishment can be defined as including intention and negligence.Intention is divided into direct intention and indirect intention,negligence includes unanticipated negligence and overconfidence negligence.At the same time,the text combines relevant laws and regulations and judicial cases to elaborate how to specifically judge different types of subjective faults.For the allocation of the burden of proof for administrative punishment,we can refer to the general principle of proof of "whoever claims,who shall give evidence".In general,the administrative organ only needs to prove that the party involved in the case,responsibility capacity,objective performance,etc.meet the requirements for constituting an illegal act that should be subject to administrative punishment.The administrative counterpart needs to have sufficient evidence to prove that he is not at fault.In special circumstances,if there are special provisions in laws and regulations,the provisions shall prevail.At the same time,we can take "beyond reasonable doubt" as the standard of proof for the burden of proof of subjective fault.Regarding the specific application of the clauses,we should focus on three parts:the general situation,the exceptional situation,and the application of the clauses in conjunction with other clauses.The general situation includes three aspects: the perpetrator is deceived,caused by the fault of others,and the unforeseeable behavior;the exceptions include the special provisions of subjective fault as a constituent element and the special provisions of whether there is subjective fault and need to be punished.Regarding the retroactivity of the Administrative Penalty Law,it can be understood as follows: if there are no special provisions in laws and administrative regulations,the principle of prioritizing the old while giving light to the light shall apply;if there are special provisions in the laws and administrative regulations,we shall use the special law over the general law.principle,special law applies.Finally,we should also adhere to the concept of combining punishment and education,and do a good job in the specific application of the terms.Only by constantly exploring the optimal solution for the application of the clauses can we effectively protect the legitimate rights and interests of citizens,maintain normal social order,try our best to achieve fairness and justice in punishment results,and fully release the effectiveness of legislation.