An Empirical Case Study On The Causes Of Illegal Obstruction In Administrative Punishment

The Administrative Penalty Law and the Public Security Management Penalty Law in China lack provisions on the causes of illegal obstruction.The lack of legal norms on the causes of illegal obstruction in administrative penalties is an urgent legal loophole that needs to be addressed.To fill the legislative gap in this regard,it is necessary to conduct a comprehensive study on the causes of illegal obstruction in administrative penalties.The reason for the illegal obstruction of administrative penalty is that the behavior of the administrative counterpart violates the relevant provisions of administrative penalty in form,but there are legitimate reasons to believe that the behavior does not have substantive illegality.Starting from administrative penalties,we will further clarify the relevant concepts of actions that should be subject to administrative penalties by studying the reasons for the illegal obstruction of administrative penalties.The criteria for determining the elements of the establishment of an administrative penalty behavior should be consistent with the criteria for determining the constitutive elements of a crime.To determine whether the behavior of an administrative counterpart belongs to an administrative penalty behavior,it is necessary to make a theoretical judgment based on three levels: firstly,the appropriateness of meeting the constitutive elements;Secondly,illegality;The third is accountability.The second step of determining the illegality of the actions of administrative counterparties belongs to the third class,which provides a deeper understanding of the illegality class and lays a theoretical foundation for subsequent research on the reasons for illegal obstruction in administrative penalties.By analyzing the legal status quo of typical countries and regions regarding the causes of illegal obstruction in administrative penalties,this paper traces the historical origin of the relevant provisions on the application of illegal obstruction in administrative penalties in China.From both vertical and horizontal perspectives,it proves that the lack of legal norms on the causes of illegal obstruction in administrative penalties is a defect in China’s administrative penalty system,and clarifies the important value of establishing the causes of illegal obstruction in administrative penalties,The necessity of introducing illegal obstacles in administrative penalties has been theoretically demonstrated.This article also examines cases using empirical methods,and conducts data statistics on cases where administrative penalties are subject to illegal obstacles.Referring to the classification standards of illegal obstacles in criminal law,cases where administrative penalties are subject to illegal obstacles are categorized and summarized.After analyzing and demonstrating the categorized cases,it can be found that there are administrative counterparties in judicial practice where administrative penalties are subject to illegal obstacles The abuse of illegal obstacles by administrative and judicial organs.The standards for the application of illegal obstacles in administrative penalties refer to the standards for the application of illegal obstacles in criminal law,resulting in excessively high limit standards for illegal obstacles.The tendency of judicial conservatism in the judicial process of judicial organs also makes it difficult to establish the conditions for illegal obstruction.Due to the lack of legal norms on the grounds of illegal obstruction in administrative penalties,courts lack legal basis when applying illegal obstruction in cases of administrative penalties.The phenomenon of judges evading the determination of illegal obstacles and lacking reasoning during the judgment process.The lack of legal norms on the reasons for administrative penalty violations and obstacles affects the uniformity of legal application,making it difficult for administrative law enforcement personnel and judges to rely on relevant laws and ensuring judicial certainty.In order to protect the rights and interests of administrative counterparties,it is necessary to establish a comprehensive system of administrative penalties for preventing illegal activities.Starting from the establishment of the types of illegal obstacles in administrative penalties,based on the similarity of purposes between punishment and administrative penalties,and referring to the relevant provisions of illegal obstacles in criminal law,the illegal obstacles in administrative penalties are divided into statutory illegal obstacles and illegal obstacles beyond regulations.A broader standard is adopted for the determination of legal obstacles to illegal activities.In addition to legitimate defense and emergency avoidance,legal obstacles to illegal activities include some official actions.Illegal obstacles beyond regulations include administrative permits,conflicts of obligations,and commitments.Moreover,considering the lighter legal benefits protected by administrative penalties compared to those protected by criminal law,a standard for the application of illegal obstacles in accordance with the legal system of administrative penalties is established.In order to achieve good implementation results,it is necessary to establish a good institutional guarantee system and choose the most suitable legislative model.While meeting the unity of legal order,three legal reasons for illegal obstruction,namely legitimate defense,emergency avoidance,and partial duty behavior,are added to the Administrative Penalty Law and the Public Security Management Penalty Law.The burden of proof for illegal obstruction in administrative penalties is clarified,and a case guidance database is established,The aim is to provide a clear direction for the application of administrative penalties to prevent illegal activities,provide a clear legal basis for law enforcement personnel and judges,and effectively reduce the phenomenon of unfair law enforcement and judicial injustice.