Author(s)

Nannan Chen

Corresponding Author

Nannan Chen

Abstract

Even in a civil law country, the administrative punishment existence of free judgment right is necessary. The reasons include: language has limitation for information sharing, the law predictability requires lawmakers to reserve space for the executive, elastic free judgment is the comprehensive consideration when the administrative organ executes the law, and this is the necessary condition for substantive fairness. Concretize the free judgment of administrative punishment is the necessary method of the administrative department to standardize law enforcement, set reasonable boundaries, restrain administrative power to prevent abuse and realize administration according to law. It has become a trend in recent years.

Keywords

Administrative Punishment, Free Judgment Right, Legislation Conflict