Research On Administrative Punishment’s Standard Of Proof In The Risk Society

Discussions on certification standards tend to focus on the field of litigation,and there are very few discussions on the certification standards for administrative penalties.For a long time,the standard of proof for administrative punishment in my country has only been stipulated in principle.The relevant legislative text has constructed a proof space for the proof standard of administrative punishment with the upper limit of "finding facts" and the lower limit of "not belonging to the main lack of evidence",but This proof space is still a principled regulation,which is not feasible in practice.With the advent of a risky society,human beings have failed to control risks,which further challenges the administrative penalty certification standards.The objective reality and social psychology’s demand for risk regulation has led to the introduction of the principle of risk prevention into the field of administrative punishment as a supplementary principle.In this context,the construction of a standard system of administrative punishment certification has been given new requirements.The construction of a complete certification standard system framework is inseparable from the requirements of the background of the times,and it is also inseparable from the relevant factors and basic construction principles that affect the certification standards.The article first briefly sorts out the current situation of my country’s administrative penalty certification standards and the academic circles’ related positions on this issue,and discusses the risk society,the new era background,the risk concept in it,and the impact of the risk society on the administrative penalty certification standards.After clarifying the basic theory and the background of the times,through the analysis of the influencing factors and basic principles of the proof standard,the aim is to explore the correlation between the various influencing factors and the proof standard,and to explore the different value-biased administrative penalty proof The differences in standards have established a certification standard system that not only covers risk regulation functions,but also has operability.On this basis,the article attempts to build a framework for the administrative penalty certification standard system in the context of a risky society.Based on the cases in which different procedures are applicable as stipulated in the Administrative Penalty Law,while considering the needs of risk regulation,the following certification standard system is constructed: That is,the "obviously superior evidence standard" is used as the general standard for most administrative penalty cases,the "exclusion of abuse of power" is used as the general standard for on-the-spot administrative penalty cases,and the "reasonable suspicion standard" is used as the general standard for administrative penalty cases where the hearing procedure is applied.Standards.In addition,for administrative punishment cases that may have a particularly significant impact and require the application of risk prevention principles,such as environmental pollution,food and drug hygiene,etc.,due to the significance and potential of the damage results,the certification standard should be adjusted to "advantageous evidence standard".