Subjective Aspects in the Process of Administrative Penalty
Jiajie Dai, Shuixing Yu
Available Online January 2019.
- https://doi.org/10.2991/ssphe-18.2019.64How to use a DOI?
- Administrative, penalty, subjective, constituent requirement, legal explanation
- In the process of administrative penalty, the subjective aspect of the administrative counterpart is firstly the constitutional element of the administrative law-breaking act and secondly the consideration of the penalty. For the latter, the judicial practice has formed a unified, while the former has obvious controversy. The law seldom directly stipulates the subjective state and the subjective state after the explanation is still not clear, which will, to a certain extent, cause confusion in judicial practice. However, the “Administrative penalty Law” does not exclude the subjective aspect of the administrative counterpart status of the constituent elements, From the perspective of “the principle of combination of punishment and education” and “the linkage between administrative penalty and criminal penalty”, it can support the status of the subjective constituent elements in the administrative penalty established in Article 3 of the Law.
- Open Access
- This is an open access article distributed under the CC BY-NC license.
Cite this article
TY - CONF AU - Jiajie Dai AU - Shuixing Yu PY - 2019/01 DA - 2019/01 TI - Subjective Aspects in the Process of Administrative Penalty BT - 2nd International Conference on Social Science, Public Health and Education (SSPHE 2018) PB - Atlantis Press SP - 265 EP - 268 SN - 2352-5398 UR - https://doi.org/10.2991/ssphe-18.2019.64 DO - https://doi.org/10.2991/ssphe-18.2019.64 ID - Dai2019/01 ER -