On the Principles and Exceptions in the Constitution of Acts Deserving Administrative Punishment
The propriety of constituent elements is one of the basic conditions for the formation of acts deserving administrative punishment.Whether the harmful outcome is necessary is the key to establishing the propriety of constituent elements.The harmful outcome points to specific behavior objects,which are realistic,inclu-ding both actual damage and possible danger.When the harmful outcomes are necessary,acts deserving ad-ministrative punishment are consequential offenses.When the harmful outcomes are not necessary,acts de-serving administrative punishment are behavioral offenses.Administrative punishment requires orders and prohibitions.For this reason,behavioral offenses are normal for acts deserving administrative punishment.However,as to the modesty of administrative punishment,there are also exceptions of consequential offen-ses.The combination of controversial legitimate behavior,improper behavior,and emerging behaviors with questionable legitimacy and harmful consequences constitutes consequential offenses.The combination of con-troversial legitimate actions and actual damages constitutes acts deserving administrative punishment.The combination of improper behavior or emerging behaviors with questionable legitimacy and a realistic danger constitutes acts deserving administrative punishment.
Administrative PunishmentActs Deserving Administrative PunishmentBehavioral Of-fensesConsequential OffensesModesty of Administrative Punishment
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