Research On The Subjective Fault Clause Of The Administrative Penalty Law

In 2021,a new Administrative Penalty Law was promulgated,in which Article 33(2)stipulates that "if the parties have sufficient evidence to prove that there is no subjective fault,no administrative penalty shall be imposed.If there are other provisions in laws and administrative regulations,such provisions shall prevail." This changes the history of not responding to fault issues in the past,which has great significance for the legislation and enforcement of administrative penalties.There has also been a heated discussion in the theoretical community on the issue of which attribution principle to adopt,with the main viewpoints being objective behavior attribution,subjective fault attribution,and fault presumption attribution.This revision of the law has undergone significant legislative changes,clarifying the position of presumption of fault.Analyze the current situation of subjective fault clauses,especially discuss the controversial aspects of the principle of fault presumption.Propose a viewpoint to establish a relatively complete system of subjective fault liability,and based on this,explain that the burden of proof can be allocated using the method of administrative litigation,explain the way in which subjective fault is determined for administrative agencies,and make appropriate understanding of the content of "otherwise stipulated" to ensure the fairness and objectivity of administrative law enforcement at the legislative level as much as possible.However,the subjective fault clause does not explain how administrative agencies should handle the "legal blindness" defense behavior proposed by the actor due to the subjective fault clause.Administrative agencies need to face the defense of the actor’s "legal blindness" and need to distinguish whether the actor truly has subjective fault free circumstances.Therefore,the necessity of regulating the issue of "legal blindness" is becoming increasingly prominent.Respond and answer this question by drawing on the prohibition of error theory in German criminal law.Provide administrative agencies with ideas for solving problems in the law enforcement process,and fully unleash the goodwill of the new law.