Research On The Principle Of Subjective Fault Liability Of Administrative Punishment

Administrative punishment is an important means for administrative organs to effectively implement administrative management and ensure the implementation of laws and regulations.The new "Administrative Punishment Law" has been revised with the addition of the "subjective fault" clause,which embodies the governance concept of the rule of law in modern civilized countries.Administrative law enforcement should not only pursue efficiency,but also realize the value of fairness and justice and fully implement the constitutional spirit of protecting human rights.However,the addition of the "subjective fault" clause still has its imperfections,and the fault presumption model it uses cannot explain that China has established the principle of subjective fault liability in the ordinary model.Subjective fault still faces many problems in the field of administrative punishment imputation.First,the addition of "subjective fault" clause failed to change the mainstream position of objective imputation in the field of administrative punishment in China.Secondly,criminal punishment and administrative punishment,as two kinds of punishment methods in the field of public law,have boundaries,but they also have commonalities,which provides an opportunity to learn from the provisions of subjective elements in the criminal punishment system to improve the administrative punishment imputation system,but at present,there are still disputes in the academic circles and no consensus can be reached.Finally,in terms of the standard of proof,the new Administrative Punishment Law is too general about the standard of proof in the clause of "subjective fault",and the imperfection of the applicable rules at the legislative level has seriously affected the application of the statutory reasons for not imposing administrative punishment in the practice of administrative punishment.These problems are the crux of limiting the effective application and perfection of subjective fault in the field of administrative punishment imputation."No-fault punishment" embodied in the principle of subjective fault liability has now become the norm of administrative punishment legislation in most countries.Through the research on the subjective fault of the administrative counterpart in the imputation system of administrative punishment in foreign countries,the enlightenment of perfecting the principle of administrative punishment responsibility in China is obtained.Therefore,it is necessary to put forward some ideas on the possible ways to improve the principle of administrative punishment responsibility in China in the future under the premise of the full implementation of the new Administrative Punishment Law.First of all,by establishing the principle of subjective fault liability as the basic principle of administrative punishment in China,we should strengthen the education of the concept of rule of law for administrative law enforcement personnel,establish and improve the supervision in the process of law enforcement,and build a complete imputation system.Secondly,by dredging the controversial points of drawing lessons from the penalty theory,a consensus is formed that we should be flexible in the process of drawing lessons from it and not simply apply it.Finally,it is necessary to clarify the application of subjective fault in laws and regulations,that is,to clarify the subjective elements of illegal acts,the standard of proof of subjective fault,the applicable conditions of the standard of proof and the applicable types of subjective fault.