A Study On The Application Of The Principle Of Proportion In Administrative Penalty

Administrative punishment,as an effective means for administrative organs to manage society,maintains the normal operation of society and is an indispensable part of social life.At the same time,with the continuous expansion of administrative power and improper exercise of discretion,administrative organs have continuously abused the power of administrative punishment and infringed upon citizens' legitimate rights and interests.How to regulate the power of administrative punishment has become a difficult problem that must be solved at present.To this end,the application of the principle of proportionality can deal with this problem well.The principle of proportionality can effectively regulate discretion and restrict administrative punishment by administrative organs.Through comparing the cases of the application of the principle of proportion in administrative punishment,this paper focuses on the application of the principle of proportion in the enforcement of administrative punishment,trying to answer how to use the principle of proportion to make administrative punishment more fair and reasonable,and to balance the interests of the state and citizens,so as to better build a country ruled by law.This article is divided into four parts.The first part is an overview of the principle of proportionality,introducing the connotation of the principle of proportionality and the necessity of its application in administrative punishment.The principle of proportionality is divided into three sub-principles,namely,the principle of appropriateness,the principle of necessity and the principle of measurement.The necessity of applying the principle of proportionality to administrative punishment is that the principle of proportionality is helpful to restrict the discretion of administrative punishment,to maximize the benefit of administrative punishment,and to balance the administrative power and individual rights.The second part is about the application of the principle of proportionality in administrative punishment.This paper compares and analyzes the application status of the three sub-principles of the principle of proportionality in administrative punishment by citing different cases.Only by clarifying the current application situation can we better find out the existing problems and causes.The third part is the problems and reasons of applying the principle of proportionality in administrative punishment.This article will start with the problems of arbitrary choice of punishment by law enforcement subjects,lack of benchmarks for specific discretion of administrative punishment in law enforcement,and nonstandard operation of law enforcement,and explore the causes of these problems,such as generalizing the specific discretion of administrative punishment,unclear purpose of administrative punishment,and no inevitable connection between administrative acts and administrative purposes,so as to suit the remedy to the case and propose solutions.The fourth part is the perfection of the application of the principle of proportionality in administrative punishment.In this part,this paper puts forward five perfect countermeasures,namely,standardizing the punishment discretion behavior of law enforcement subjects,completing the administrative penalty benchmark,strictly observing the operating procedures,strengthening judicial supervision and refining the administrative penalty discretion legislation.