Study On Subjective Fault Liability Of Administrative Punishment

Administrative punishment is a basic means of administrative law enforcement and administrative management,and an important part of China’s legal liability system.Article 33,paragraph 2 of the new " Administrative Punishment Law " stipulates that " no administrative penalty shall be imposed if the parties have sufficient evidence to prove that there is no subjective fault.Laws and administrative regulations have other provisions,from its provisions.This is the first time in China’s " Administrative Punishment Law " to stipulate"subjective fault." It clarifies the principle of subjective fault liability of administrative punishment,improves the responsibility system of administrative punishment in China,and is conducive to protecting the rights of actors.Avoid the abuse of administrative power,give full play to the preventive and educational functions of administrative punishment,and meet the requirements of the socialist rule of law.In addition,the article inverts the burden of proof to the parties in the distribution of the burden of proof,which clarifies that the principle of subjective fault imputation in administrative punishment in China adopts the method of fault presumption.However,the principle of subjective fault liability stipulated in this article is too broad.The academic community has disputes over the application of the principle of presumption of fault.There is no systematic and complete application standard in the legislation,and it is difficult to guide law enforcement practice.Therefore,based on the theory of imputation in the field of administrative punishment,this paper will make a normative analysis of Article 33(2)of the new law and explore the perfect path of subjective fault liability in administrative punishment.The specific research contents include:The first chapter analyzes the concept and theoretical basis of the responsibility doctrine and the imputation principle of administrative punishment,and points out that China’s administrative punishment should adhere to the position of responsibility doctrine.Through the old ’ administrative punishment law ’,the background of the objective imputation theory is analyzed and its theory is criticized.On this basis,the reasonable basis for the application of subjective fault liability in the field of administrative punishment in China is summarized.The second chapter makes a normative analysis of Article 33,paragraph 2,and clarifies the theoretical positioning of the principle of subjective fault liability in the new "Administrative Punishment Law ":the subjective fault clause should be interpreted as a kind of fixed penalty provision,which directly determines whether the act of administrative punishment is established;discussing the rationality of the presumption of fault liability and analyzing the connotation of the exception clause,it is concluded that China adopts a multi-imputation model based on the presumption of fault liability,supplemented by general fault liability and no-fault liability.The third chapter combs the practical application of subjective fault liability,including the application of single law and the application of judicial cases,and analyzes the three existing legislative and law enforcement practice modes.Analyze the applicable dilemma of the principle of presumption of fault,mainly focusing on the identification of intention and negligence in subjective fault,the distribution of burden of proof,and the standard of proof of’sufficient proof’.The fourth chapter explores the perfect path of subjective fault liability in administrative punishment.First,in the determination of subjective fault,intentional and negligent should be distinguished;the second is to improve the applicable rules of presumption of fault by clarifying the distribution standard of burden of proof and the identification standard of ’sufficient proof ’.The third is to analyze the necessity of no-fault liability and make reasonable limits on the application of no-fault liability.