Study On The Constitutive Elements Of Administrative Punishment Behavior

Administrative punishment is an important means to achieve the executive administrative purposes, the system of administrative penalties in the constituent elements will be subject to administrative punishment clear, it is conducive to improving the administrative penalty system and provides basic behavioral logic of the administrative penalty authority to run the executive and guidelines. Divided into constituent elements subject to administrative punishment in the establishment of elements and effects elements. Elements subject to administrative punishment is to achieve administrative penalty purpose, it must reflect the fundamental nature and characteristics of administrative punishment has been distinguished from criminal law theory, which is divided into elements for the establishment of the constitutional elements to determine compliance and illegality judgment, responsibility has an impact only on the effect of the elements subject to administrative punishment, the same time, the scope is far greater than the effect of the elements of the establishment of the elements, the executive must be fully taken into account to achieve the executive administrative punishment fairness and justice.Paper is divided into five parts, the first chapter for administrative punishment by the basic background of the constituent elements are introduced, he pointed out the necessity of a clear administrative punishment by the constituent elements; the second chapter will be subject to administrative punishment constitute elements of connotation was interpretation, and its theoretical foundation, practical purpose and function are discussed; the third chapter element partially administrative punishment by the constituent elements of interpretation, which was split judgment logic that constitute the elements of compliance and illegality is established requirements content; the fourth chapter is analyzed from the effects of the elements subject to administrative punishment constituent elements of that in administrative punishment, administrative authorities although the effect of the administrative penalty for having chosen discretion, but must implement administrative penalties penalties fairness and justice, quite relevant factors will be considered administrative counterpart action, to achieve the effect of administrative penalties and the fact that the behavior of the perpetrator and the nature of the circumstances of the damage done to society; chapter summarizes the full text of the summary view to sort out.