As one of the statutory principles for the formulation and implementation of administrative punishment,the principle of equivalent punishment is widely used in administrative enforcement of law and judicial trial,and it plays a signifi-cant role in maintaining the business environment.However,it may get into judgment dilemma,mainly manifested as the one-sided consideration of"violation",inadequate analysis of"punishment",and lack of judgment criteria for equivalence.The con-sideration factors of"violation"should be constructed from two aspects of subjective fault and specific hazard evaluation.The selection of"punishment"should be standardized from the reasonable range of discretion and ensuring the comprehensive dis-cretion of the case.The principle of proportionality and the principle of equality can be used as the judgment criteria of e-quivalence.The principle of proportionality can be used to judge individual"violation"and"punishment",while the balance of legal application in individual cases can be realized by the aid of the auxiliary system of punishment.
关键词
过罚相当/主观要素/危害性评价/裁量基准/比例原则
Key words
principle of equivalent punishment/subjective element/hazard evaluation/discretionary basis/principle of proportionality
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