| An action which should be administratively punished shall meet three requirements: Tatbestandsm igkeit, Rechtswidrgkeit, and Vorwe f barkeit.Tatbe.stand refers to the various provisions in the legal norms and rules that describe the features of illegal actions. In the time of the transformation from Der Recht.s.staat to Soziali.sti.scher Staat, it is usual for a legal norm to leave the Tatbe.stand of an illegal action to the other norms for description, hence the Blankettatbestand. Strictly speaking, Chapter Two of the Law of the People’、Republic of China on administrative Penalty does not restrict the creation of Blankettatbe.stand, and Blankettatbe.stand itself lacks definition in practice, which to some extent violates the principle of statutory punishment. Therefore, the creation of Blankettatbestand needs to be restricted by means of such rules as the necessity and equality to protect administrative rechtsgut, the intelligible principle of delegation, and the prohibition of secondary delegation. |
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