| As a regular legal principle with strict logic and internal unity,the proportion principle focuses on analyzing the legitimacy of the exercise of state administrative power from the perspective of the relationship between purpose and means.In the field of administrative punishment law enforcement,the principle of proportion plays an important role in regulating the effective exercise of administrative punishment power and ensuring the fairness of punishment procedures and punishment results.In administrative penalty litigation,the proportion principle provides an important judgment standard for the court to review the rationality of the decision of punishment sued.However with the development of society,the increase of the number of administrative punishment cases,the enhancement of complexity and the lack of clear legal status,leading to some problems in the application of this principle in the field of administrative punishment.For example,the purpose of the punishment decision of the administrative organ violates the requirements of the proportion principle,and the court lacks the type of classification in the process of applying the proportion principle to review the sued punishment.This paper is based on this background,by analyzing the specific performance of the application of the proportion principle in the field of administrative punishment,understand the problems existing in the application,and put forward the corresponding perfect countermeasures for the problems,in order to promote the effective application of the proportion principle in the field of administrative punishment.This paper is mainly divided into four parts: the first part mainly introduces the basic theory related to the proportion principle,understands the meaning and content of the proportion principle,and discusses the application scope and necessity of the proportion principle in administrative punishment,to lay the theoretical foundation for the following applicable analysis.The second part mainly analyzes the application of the proportion principle in the field of administrative punishment in China.First,the relevant provisions of the proportion principle in the administrative punishment legislation are sorted out.On the basis of understanding the relevant legal provisions,the specific circumstances of the application of the proportion principle in the law enforcement of administrative punishment and administrative punishment litigation are analyzed,so as to comprehensively understand the specific application of the proportion principle in the field of administrative punishment.The third part mainly analyzes the problems existing in the application of the proportion principle in the field of administrative punishment.For example,the proportion principle lacks a clear legal status,the punishment decision violates the requirements of the proportion principle,the court equated the proportion principle with other legal principles of the administrative law,and the review intensity lacks the type of differentiation,etc.Through the analysis of these problems,the improvement idea of the future proportion principle in the field of administrative punishment is clarified.The fourth part is based on the problems existing in the application,which is problem-oriented,and puts forward the corresponding perfect countermeasures for the problems.For example,clarifying the legal status of the proportion principle,refining the review benchmark applicable to the proportion principle,and the type differentiation of review intensity are constructed to promote the better application of the proportion principle in the field of administrative punishment. |
