| The rule of application of higher fine chosen faces the conflict between the jurisdiction rule and the ownership rule of higher administrative penalty, which can be partially solved by the comprehensive administrative law enforcement system. Outside the scope of the comprehensive administrative law enforcement system, different solutions need to be applied in light of different situations. Generally, the upper limit of the statutory penalty, rather than the decisive penalty, should be compared in identifying "the higher statutory penalty". The amount of the decisive penalty under the law of higher statutory penalty should not be less than the lower limit of the lower statutory penalty. The people's court may enter a judgment to modify an administrative penalty imposed as a result of incorrect application of the rule of higher fine chosen, but such modification should be bound by the prohibition of adverse alteration. In cases where the people's court enters a judgment requiring an administrative agency to take an administrative action anew, the administrative agency should prove that there is no bad faith when it aggregates the fine on the party, except in the situation where the people's court enters a judgment revoking the alleged administrative action and requiring the administrative agency to take an administrative action anew because of the overstepping of discretion by the administrative agency. |
京公网安备11010102006664号 京ICP备2023015853号