Explanation on the Relationship between Administrative Punishement and Administrative Penalty
Administrative punishment is an important concept in China's actual law and academic theory.It is dif-ferent from the administrative penalty concept in German and Japanese administrative laws.The concept of administrative penalty was first put forward by Goldschmidt in Germany and introduced to Japan by Tatsuki-chi Minobe and others,which had an important impact on the administrative law in the period of the Repub-lic of China.After the establishment of New China,the concept of administrative penalty was replaced by ad-ministrative punishment.Although there was only a one word difference between the two,their connotations were not the same.Administrative penalty refers to the legal sanction against the violation of administrative obligation.The"administrative nature"of the concept of administrative penalty is reflected in the nature of vi-olation of administrative obligation of the object of penalty.Administrative punishment is a kind of legal sanc-tion imposed by the administrative organ on the illegal acts which are less harmful to the society.Its"admin-istrative nature"is embodied in the administrative nature of the subject and procedure of punishment.The concept of administrative punishment in China is a product of the influence of Soviet law.In German and Jap-anese law,what is really similar to China's administrative punishment is not the administrative penalty in the traditional sense,but the German version of the"administrative punishment"system based on the"Law con-cerning the Violation of Order".Clarifying the differences between administrative penalty and administrative punishment helps to understand the concept of administrative punishenment in China,explore the differences between administrative illegal acts and crimes,and contribute to the refinement of comparative law research.
Administrative PunishmentAdministrative PenaltyAdministrative CrimeViolation of Administrative Obligation
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