Research On The Application Of Fairness Principle In Administrative Punishment

As the main value goal pursued by human society,as the basic principle and basis of law,fairness has always been the goal pursued by legislation,law enforcement and judicature.Since China formulated the Law on Administrative Punishments in 1996,it has been revised three times in 2009,2017 and 2021.Article 5 of the Law on administrative Punishments stipulates that "administrative punishments shall follow the principle of fairness and openness",without stipulating the principle of fairness.Administrative penalties according to the administrative punishment law enforcement practice in our country,the unfair problems happen from time to tome,different punishment,different case in connection with the same punishment,same behavior different penalty punishment,thus,the phenomenon such as selective law enforcement,which not only infringes the administrative relative person’s rights and interests,and harm the authority of law enforcement credibility,and reach the effect of the administrative punishment law pursues.This article mainly analyzes the fair principle to write into the realistic need of the law on administrative punishments,theoretical basis and the standard support,stress should be explicitly stipulated in the administrative penalty legislation in our country administrative penalty shall follow the principle of fairness,and through the system of administrative law enforcement of the public record system,law enforcement process,major law enforcement decision audit system,administrative penalty discretion benchmark system of legal system,And use the guidance case system in judicial judgment,class case retrieval system to explore the establishment of the corresponding system and mechanism of administrative punishment to ensure that the administrative organs in the process of administrative punishment always do fair and just strict norms civilized law enforcement.The specific requirements of the publicity system of administrative law enforcement in administrative punishment are that the administrative organ should adopt certain ways to disclose the information of administrative punishment law enforcement to the object of administrative punishment and the public,and accept the supervision of the society.The disclosure includes information and process of administrative punishment.Open time requirements are timely and proactive.The recording system of the whole process of law enforcement requires that administrative organs should record the whole process of law enforcement of administrative penalties through words,audio and video recordings,etc.,to ensure that the whole case leaves traces and can be traced back.Major administrative penalty decisions may often have significant adverse effects on the person or property of the counterpart.The purpose of reviewing these decisions is to encourage administrative organs to perform their duties strictly in accordance with the law and keep the bottom line of the law.The benchmark of administrative penalty discretion should be both legal and reasonable and should be perfected and refined within the limits of superior law according to law enforcement practice.The specific requirements of the guiding case system are as follows: First,the court should do a good job in sorting out and summarizing administrative punishment related litigation judgments,and select high-quality cases that are fair and reasonable,not only solve the demands of the parties,but also maintain the legal work of the administrative organ to enter the guiding cases;Second,these guiding cases will be open online,can also be directly copied to the legal department of administrative organs,promote administrative organs to study the relevant cases,improve the quality and ability of administrative organs to handle cases;Third,the court can not actually enter the administrative proceedings of the case,in advance with the administrative authorities to contact the administrative law enforcement personnel or the person in charge of the administrative authorities to explain the previous similar cases,to persuade the administrative authorities to first correct their own law enforcement problems;Fourth,when the administrative penalty related litigation enters the adjudication stage,the court should follow the principle of adjudication guiding cases,draw lessons from useful experience and make legal and reasonable judgments on the premise of finding out the facts of the case according to law and respecting the justice of the case.Class case retrieval system for various types of administrative punishment unfair cases,the court has certain referees after practice accumulation can be of the essence of the controversy has generalization,the case under the same or similar form of administrative punishment case related work guidance or internal reference,in case of the same court can reference the referee,unified the applicable law,Make justice fair and just.The administrative organs can learn from the retrieval system of similar cases of the court to explore the establishment of the retrieval system of administrative punishment cases,so as to realize the fairness and justice of the enforcement of administrative punishment.