%0 Journal Article
%T 比例原则在行政处罚中的适用
The Application of the Principle of Proportionality in Administrative Punishment
%A 邹宇
%J Open Journal of Legal Science
%P 797-805
%@ 2329-7379
%D 2025
%I Hans Publishing
%R 10.12677/ojls.2025.134113
%X 近年来，执法人员暴力执法、随意执法现象频发，严重影响执法的公平公正，限制此类现象成为社会关注的重点问题。比例原则在行政处罚中的应用，对解决该问题具有重要意义，然而其在实践中也暴露出诸多问题，如自由裁量权滥用等。比例原则赋予行政机关较大自由裁量权，若缺乏有效约束，执法人员极可能滥用权力，致使行政相对人的合法权益难以得到保障。为此，文章从立法、执法和司法三个层面深入探讨，提出完善比例原则在行政处罚中适用的路径。在立法层面，强调权责统一并明确比例原则的适用范围；执法层面，要求以维护公共利益为目的，均衡各方利益并增强实际操作性；司法层面，则着重加强司法审查力度并防止比例原则被滥用。通过这些完善路径，能够有效填补行政法中比例原则规定的漏洞，规范行政机关自由裁量权的行使，强化对行政行为的审查监督，推动行政处罚更加公平、公正，助力法治社会建设。
In recent years, the frequent occurrences of violent and arbitrary law enforcement by law enforcement officers have seriously affected the fairness and justice of law enforcement. Restricting such phenomena has become a key issue of public concern. The application of the principle of proportionality in administrative punishment is of great significance for solving this problem. However, in practice, it also exposes many problems, such as the abuse of discretionary power. The principle of proportionality gives administrative organs a relatively large discretionary power. If there is no effective restraint, law enforcement officers are highly likely to abuse their power, making it difficult to protect the legitimate rights and interests of their administrative counterparts. Therefore, this paper deeply explores three aspects: legislation, law enforcement, and judicature, and proposes ways to improve the application of the principle of proportionality in administrative punishment. At the legislative level, it emphasizes the unity of power and responsibility and clarifies the scope of application of the principle of proportionality. At the law enforcement level, it requires safeguarding the public interest, balancing the interests of all parties, and enhancing practical operability. At the judicial level, it focuses on strengthening the intensity of judicial review and preventing the abuse of the principle of proportionality. Through these improvement measures, it is possible to effectively fill the loopholes in the provisions of the principle of proportionality in administrative law, standardize the exercise of discretionary power by administrative organs, strengthen the review and supervision of administrative acts, promote more fair and just administrative punishments, and contribute to the construction of a society ruled by law.
%K 比例原则，
%K 行政处罚，
%K 自由裁量权，
%K 法律适用
Principle of Proportionality
%K Administrative Penalty
%K Discretionary Power
%K Application of Law
%U http://www.hanspub.org/journal/PaperInformation.aspx?PaperID=113465