A Study On The Subjective Fault Of Administrative Punishment

The implementation of administrative penalties presupposes that the counterparty has committed an act that violates the order of administrative management.As for the subjective fault,for a long period of time,the administrative agency does not consider it in its judgment.After my opinion is "Administrative Punishment Law" was revised,the subjective fault of administrative punishment has become an unavoidable problem in the implementation of administrative punishment.Evidence proves that the problem has become an important link in the implementation of system regulations,and it is very important to ensure the fairness and efficiency of the implementation of administrative penalties.Our country’s administrative punishment evidence research system involves the evidence system of administrative punishment,but there is really little research on the evidence and proof system that the counterparty proposes to prove that he has no subjective fault in the process of administrative punishment.This has not only led to insufficient theoretical research on this issue,but also led to administrative and judicial organs unable to start in law enforcement and judicial practice.The systematic research on the principle of administrative penalty evidence is mainly based on the following considerations.The research on the principle of subjective fault evidence of administrative penalty is the need to construct the evidence system of administrative penalty.Evidence is of great significance to the behavior of administrative penalty.The research on the principle of the subjective fault evidence of administrative punishment is the theoretical basis for solving the problem that there is no substantive basis for the examination of subjective fault evidence in practice.This article attempts to make this effort in order to attract attention to this issue,in order to shed some light on it,and it will be helpful to the construction of the evidence of subjective fault of administrative punishment and the evidence system of administrative punishment.This article proposes: First of all,the behavior subject to administrative punishment should adopt the standpoint of accountability,and summarize and study the reasons for the evidence of the subjective fault of administrative punishment,and clarify the relationship between the subjective elements of administrative punishment and accountability based on our country’s practice.Secondly,the distinction between the subjective fault clause stipulated in the legislation for the first time is a constitutive clause or a restrictive clause.It can be concluded that the current legislation of our country has not yet applied accountability as a basic principle.Third,after clarifying the nature of the norms and using restrictive clauses as the basis,the value conflict between administrative efficiency and administrative procedural justice existing in the administrative penalty legislation is proposed,and the corresponding criminal and civil legislation normative spirit is summarized through legal analysis and analogy.Finally,it is suggested that through the ingenious setting of evidence and proof theory,a balanced solution to value conflicts that balances the two values is proposed on the premise of respecting the existing legislation.The specific system approach is: first,unify the process and thinking of the administrative agency’s subjective fault evidence determination;second,prevent the abuse of power by clearly restricting the exercise of the administrative discretion by the certification standards,and limit the failure of the presumption of fault principle in the process of subjective fault determination.Reasonably applicable.