Study On The Application Of Subjective Fault In Administrative Punishment In China

The new Administrative Punishment Law,which was revised twice on January22,2021,was promulgated,which aroused wide discussion in the academic community.Especially for the subjective fault just incorporated into the Administrative Punishment Law,it is also set off a wave of discussion in the academic and practical circles.Although before the "subjective fault" should be considered in the administrative punishment has been hot,but due to the "subjective fault" in the law of administrative punishment status and role for a long time,the lack of constitutive elements and attribution principle of fuzzy administrative punishment lack of a clear and unified standard,cause great trouble to law enforcement practice.Law is the king of legal argument,therefore,in 2021 the administrative punishment law increase of subjective fault clause,specify the subjective fault as an administrative organ for administrative punishment to consider factors,and emphasizes from the objective to the subjective principle of "responsibility",so that the administrative punishment law become a true sense of "love".However,there are still some problems in practice that we need to further study.This thesis studies the application of subjective fault in practice and better improves the system of clause modification.First of all,the first part of this article will sort out the legislative process of subjective fault in China’s Administrative Punishment Law before and after the revision of the Administrative Punishment Law in 2021.Secondly,the second part of this thesis analyzes the subjective fault brought into the "Administrative Punishment Law",introduces the meaning of subjective fault,and analyzes the specific provisions of the law.Thirdly,through the analysis of the application of subjective fault clause in administrative punishment,the third part explores the defects and shortcomings of subjective fault clause.Finally,based on the author’s thinking,I put forward some suggestions in the last part to identify the subjective fault,distinguish your intent and fault,better grasp the specific situation;learn from relevant theories in criminal law in order to better apply" subjective fault in practice.Construct the internal logic of the subjective fault clause and improve the applicable criterion of the clause.Clear subjective fault position in the administrative punishment law,to distinguish between "intentional" and "fault"based on the principle of presumption of fault,the general fault principle as supplement,we should explore the basis of respecting the law,more based on its national conditions and legislative level and social reality and people’s perception of law and acceptance level,looking for the most suitable for their own legislative mode,promote the administrative penalty attribution system reconstruction and perfect.