On the Application of the Principle of Proportionality in the Field of Administrative Punishment—A Case Study of Huge Fines for the Sale of Leeks

Abstract

Although the principle of proportionality is known as the "imperial principle", there is no clear legal basis for the application of the principle of proportionality in administrative law enforcement in China and it is difficult to exercise administrative discretion correctly. Administrative law enforcement officers only follow the principle of administrative legality in law enforcement, without considering the legitimate interests of the administrative counterparts and social benefits, thus infringing on the legitimate rights of the administrative counterparts. By introducing the embodiment of the principle of proportionality in China's legislation, judiciary, and law enforcement, and exploring the dilemma of the principle of proportionality in the above-mentioned fields, this paper hereby proposes how to appropriately apply the principle of proportionality to solve the conflicts between administrative subjects and administrative counterparts and explores how can the principle of proportionality better function.