Research On The Application Of Proportionality Principle In Administrative Punishment

As a legal means to manage social affairs,administrative punishment promotes the orderly development of China's administrative life and is an indispensable part of social public interests.In practice,if the administrative organ fails to master the measure of discretion when making administrative punishment,it will directly damage the rights and interests of the administrative counterpart and make the social effect of administrative punishment greatly reduced.The principle of proportion arises at the historic moment to solve the problems in the process of administrative punishment.The principle of proportion and its three sub-principles can regulate the improper use of discretion in administrative punishment and restrain the behavior of abusing power,so as to adjust the balance between public interest and personal interest and realize the rationality and scientificity of administrative behavior.However,the application of the principle of proportionality is indeed affected by the inevitable limitations and lag of law,resulting in practical difficulties.The lack of specific discretionary standards for administrative law enforcement in the legislation,the indiscriminate abuse of law enforcement power by law enforcement personnel with uneven quality,and irregular law enforcement procedures need to be solved realistically.This paper is dedicated to explore proportion principle applicable function,integrated use of proportionality principle as the instruction spirit,put forward the measures of perfecting our country's administrative penalty proportion principle,through regulating the administrative penalty purpose,perfecting the legislation elaboration on the provisions of the administrative penalty discretion specific balance various interests in discretion,to perfect the discretion benchmark system,administrative law enforcement team of high quality,The supervision function of judicial review should be optimized in order to standardize and rationalize administrative punishment.