Study On The Jurisprudential Implication And Judgment Standard Of Excessive Punishment Equivalence

Article 4 of the original "Administrative Punishment Law" and the principle of equivalent excessive punishment stipulated in Article 5 of the current "Administrative Punishment Law" require that the administrative punishment should be made according to the illegal facts,and the type and range of administrative punishment should be equivalent to the specific illegal behavior and its social danger to a certain extent.However,in the old law,only the "punishment".namely the types and range of administrative punishment,is divided and elaborated to a certain extent.but the "excessive" is not detailed classification and explanation.When searching administrative punishment cases on the website of judgment documents.the author finds that in most cases of reconsideration or retrial,the plaintiff often expresses his objection on whether his behavior should be punished and what kind of punishment should be suffered.and courts at all levels always mention the principle of "excessive punishment equals" when writing legal documents.In other words,whether to punish.how much is legal,reasonable,fair?How to properly combine the legal provisions of principle with specific cases is a practical problem that must be solved in the practice of administrative law enforcement.In the specific judicial practice,it is because of the lack of reasonable qualitative and objective quantitative "excessive" punishment.resulting in a large number of improper punishment cases.Based on "Zhengzhou Huikang supermarket v.market supervisory authority".follow the principle of a penalty is accepting cases court and proportionality,made clear to the defendant punishment improper administrative penalty decisions shall be revoked,on the one hand,presented a penalty is the relationship between principle and proportion principle.On the other hand,it explains how the administrative organs properly apply the principle of excessive penalty equivalence in the process of determining the illegal facts and fault circumstances of the administrative counterpart,the standard of the amount of punishment and the equivalence of judgment.Based on the analysis of selected cases and the specific provisions of the revision of administrative Punishment Law.this paper clarifies the relationship between the principle of excessive penalty equivalence and the principle of proportion,and tries to explore the normative connotation and specific applicable technology of the principle of excessive penalty equivalence.The introduction of the new Administrative Punishment Law clearly regards the subjective fault of the relative person as a judgment standard in the refinement of the fault circumstances.which enricifies the theory of excessive punishment equivalence and the theory of the constituent elements of administrative punishment.For the first time,the administrative penalty discretion standard is incorporated into the legal system.and the types of administrative penalty are further adjusted and refined.In the corresponding standard of"equivalence" between excessive punishment and punishment,the specific situation of"equivalence" is clearly added,and the circumstances of "no punishment for the first violation"."light or light punishment or no punishment" are created.and the situation of light punishment is enlarged.and the theory of "equivalence" of excessive punishment is further developed and perfected.Through sorting out the relationship between the principle of equivalence of excessive punishment and the principle of proportionality.the principle of proportionality can be used to provide a judgment standard for the determination of "equivalence".As a legal principle in the field of administrative punishment,the principle of equal penalty is also the embodiment of the principle of fairness and justice in the field of administrative punishment.On the one hand,we should make reasonable administrative penalty decision according to the local actual situation and scientifically apply the law to avoid the abuse of administrative penalty discretion.On the other hand.it can better protect the right of statement and defense of administrative counterparts and standardize the power of administrative law enforcement while investigating the legal responsibility of relevant illegal acts.The amendment of Administrative Punishment Law provides a more specific criterion for the application of the principle of excessive punishment equivalence in the field of administrative punishment.