The Standard and Adjudication Rule of the Principle of Proportionality Between Punishment and Penalty in Administrative Punishment—Take the “Sky-high Fine Case” as an Example

Abstract

The Administrative Punishment Law (2021 Revision) has enriched the connotation of this principle through 22 newly added provisions that further improve the administrative punishment procedure system, the introduction of the “first violation no penalty” system, and the establishment of administrative punishment concept clauses, thereby clarifying the principle’s significant position in the field of administrative punishment. However, recent years have seen heated public discussions about “over-punishment” cases, which reflect concerns or issues in some law enforcement agencies regarding the proper application of the principle of proportionality between offense and punishment. There have even been instances of administrative law enforcement personnel abusing administrative power, disrupting market environments, and drawing widespread social attention. Through analyzing typical cases, the author concludes how to align “offense” and “punishment” in administrative penalties to ultimately achieve “proportionality between offense and punishment” and realize justice in penalties, thereby promoting rational and scientific administration by law enforcement agencies.