Subjective Aspects in the Process of Administrative Penalty

DOI

10.2991/ssphe-18.2019.64How to use a DOI?

Keywords

Administrative, penalty, subjective, constituent requirement, legal explanation

Abstract

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.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Jiajie Dai
AU  - Shuixing Yu
PY  - 2019/01
DA  - 2019/01
TI  - Subjective Aspects in the Process of Administrative Penalty
BT  - Proceedings of the 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  - 10.2991/ssphe-18.2019.64
ID  - Dai2019/01
ER  -