Legal gas station
In life, I have often seen cases of small and heavy punishments.
This kind of punishment runs counter to the simple feelings and cognition of the masses of the people, and makes the masses unable to feel the fairness and justice of the law.
The reason for this result is often that the administrative law enforcement departments do not correctly handle the relationship between the separate law and the administrative punishment law as the basic law, and mistakenly enforce the law mechanically on the basis of the so-called "special law is superior to the general law".
In this case, some parties have notified administrative reconsideration and administrative litigation to change the punishment results, and some punishment results are still upheld, which has created a situation in which different punishments are imposed in the same situation, and people still feel unfair.
Hope for a solution to the problem is finally here.
On February 19, 2024, the "Guiding Opinions on Further Regulating and Supervising the Setting and Implementation of Fines" (Guo Fa No. 2024 No. 5) was promulgated3. Strictly regulate the implementation of fines(10) Persist in fair and civilized law enforcement", stipulates: ".When administrative organs carry out fines and other punishments, they should consider the relationship between the application of relevant laws and norms and the Administrative Punishment Law as a whole, and where the circumstances provided for in article 32 of the Administrative Punishment Law such as mitigating or commuting punishment or article 33 of the Administrative Punishment Law are met and the circumstances of not being punished or may be waived, the Administrative Punishment Law should be applied to make corresponding dispositions in accordance with law."
This is from the perspective of the application of the individual law and the administrative punishment law, and it is clear that the administrative punishment law should be applied, and the administrative punishment law should be brought into play as the guiding role of the basic law on administrative punishment.
In addition, the part also provides that "When formulating a list of fines and other punishments or imposing fines, the legal system and objective reality, legality and reasonableness, and specific provisions and principles should be considered as a whole, to ensure that the excessive punishment is proportionate and the legal principles are compatible."
This is a requirement that rises to the level of jurisprudence and explains why mechanical enforcement cannot be carried out.
The above is only part of the content of the "Adhere to Fair and Civilized Law Enforcement" part of the Guo Fa 2024 No. 5 document, and it is believed that with the full implementation of this document, the chaos of administrative punishment will be greatly improved or even disappeared.