| Treating retribution as the purpose of administrative sanctions not only raises philosophical and legal interpretative doubts but also fails to fully explain the institutional reality of modern administrative sanctions. Modern social risks have transcended the danger categories of traditional order-based administration and posed a series of challenges to the administrative rule of law, thereby shaping the preventive purpose of administrative sanctions. In the process of setting and implementing administrative sanctions, the legal deterrence mechanism focuses on the passive elimination of routine violation risks, while the risk prevention principle is aimed at allocating and controlling emerging social risks. Based on the dual structure of legal deterrence and risk prevention, the preventive purpose has profound systemic effects on the normative construction of administrative sanctions in such aspects as constitutive elements and legal effects. Based on the principle of risk prevention, the constitutive elements of acts subject to administrative sanctions should be adjusted in such dimensions as risk perception, harm expection, preventive measures, and the proof mechanism. Based on the legal deterrence mechanism, the legal effects of administrative sanctions should be optimized in the dimensions of the setting and discretion in imposing administrative sanctions, so as to give better play to the function of general deterrence and special deterrence. To prevent the arbitrary expansion of administrative sanctions, necessary legal boundaries need to be drawn for the preventive purpose in such aspects as the control of infringement of legal interests, the control of the creation of obligations, and the control through the principle of proportionality. |
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