ANALYSIS AND APPLICATION OF THE THEORY OF"SUBJECTIVE FAULT"IN ADMINISTRATIVE PENALTIES——TAKING ECOLOGICAL AND ENVIRONMENTAL ADMINISTRATIVE PENALTIES AS AN EXAMPLE
After the revision of the Administrative Penalty Law in 2021,the"subjective fault"clause was officially established.In terms of the content of the legal provisions,this provision specifically stipulates three relevant systems:the elements for determining ad-ministrative penalties include subjective fault,the need to distinguish between intentional and negligent actions during the penalty stage,and the"other provisions"of the"subjective fault"clause.Regarding its application,with ecological and environmental admin-istrative penalties as the entry point,the"subjective fault"clause faces the dilemma of the lack of clarity in the criteria for subjective fault judgment.Based on this,in order to standardize the specific application of subjective fault judgment standards,unexpected events and force majeure should be considered as non-punitive situations,and factors such as duty of care,ability to care,trust interests,and control over results should be taken into consideration,in order to achieve the actual effect of administrative and judicial organs being more cautious in treating"subjective fault"in administrative penalties.
subjective faultecological and environmental administrative penaltiescriteria for judgement
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