An Analysis Of The Cases Of Additional Fine As An Administrative Act

As a long-standing administrative measure,additional fine has played an important role in prompting the parties to fulfill administrative decisions.The legal nature of the additional fine was not clear before the introduction of Administrative Compulsion Law,with the implementation of Administrative Compulsion Law,additional fine is regulated as an administrative enforcement method and gradually be taken seriously by the academic and practices circles.How to maximize the value of additional fine legally becomes the focus of research.Administrative Compulsion Law of China is not very detailed on the additional fine,leading to a unified standard in the court in applicable law.According to the analysis of sample cases selected from the Wolters Kluwer legal information library,we can find that different courts have different judgments of similar cases,this phenomenon not only damages the legitimate rights and interests of citizens,but also reduces judicial credibility,which is not conducive to the strategy of building a country under the rule of law.In the selected cases,there are two different opinions on whether additional fine should be stipulated by other laws,one is additional fine should not be stipulated by other laws,the other is opposite to this opinion.In order to support the latter point,refutes the view that Article 45 of Administrative Compulsion Law is not a widespread authorization,explain the reasons for additional fine that should be stipulated by other laws,defines the implementation boundaries of additional fine.For issues of whether the additional fine needs to make a decision separately.This paper has made it clear that the notice of additional fine is not a conditional administrative act,but is the voluntary notification behavior of the administrative organ,detecting the characteristics of relatively independence of additional fine,which need to be decided independently.For issues of the suability of the exigent notice contains additional fine content,this paper proposes a specific method of the Substantive review of the exigent notice,and gives a conclusion that the exigent notice contains additional fine content can be prosecuted.