道路交通行政处罚主观过错问题研究

Research on Subjective Fault of Road Traffic Administrative Punishment

摘要: 2021年《行政处罚法》对“不予行政处罚”条款进行了扩充，增设了“无主观过错不处罚”等数种不予行政处罚的情形。但在道路交通行政处罚中，“无主观过错不处罚”的理论与实际适用尚且存在较为突出的问题。本文通过对“无主观过错不处罚”的一般理论进行分析，在此基础之上，分析道路交通行政处罚中存在的法律规定模糊、自由裁量权大、证明标准严苛的适用难点，提出应当细化法律法规、规范自由裁量权、推动出台指导案例，以期构建相对合理可行的适用规则。

Abstract: The 2021 Law on Administrative Punishment has expanded the “no administrative punishment” clause to include several cases of no administrative punishment, such as “No punishment without subjective fault”. However, in the road traffic administrative punishment, the theory and practical application of “no punishment without subjective fault” still exist more outstanding problems. Based on the analysis of the general theory of “No punishment without subjective fault”, this paper analyzes the difficulties in the application of the administrative punishment of road traffic, such as vague legal provisions, great discretion and strict standard of proof, it is suggested that the laws and regulations should be detailed, the discretion should be regulated, and the guiding cases should be pushed forward in order to construct the relatively reasonable and feasible applicable rules.