Proper Substitutions of Punitive Damages Involving Public Welfare -- On the Improved Administrative Fine & Its Offsetting Mechanism with Criminal Fine

Du Wen

doi:doi:10.11648/j.hss.20221002.15

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Proper Substitutions of Punitive Damages Involving Public Welfare -- On the Improved Administrative Fine & Its Offsetting Mechanism with Criminal Fine

Du Wen

Published in Humanities and Social Sciences (Volume 10, Issue 2)

Received: 18 February 2022 Accepted: 10 March 2022 Published: 18 March 2022

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Abstract

For the purpose of enhancing sanction and deterrence effects, many scholars support the establishment of punitive damages involving public welfare in china. Because this legislative proposition involves a paradox and many conundrums yet to be resolved, this paper holds a negative attitude towards it. As an alternative, China can use the improved administrative fines and the criminal fine penalty to fully protect public welfare. Theoretically, civil public interest litigation (CPIL) should be divided into two categories: the pure civil public interest litigation (PCPIL) and non pure civil public interest litigation (Non-PCPIL). The former consists of CPIL involving indivisible public interests and CPIL involving unspecified large number of harmed private interests; The latter consists of diffusive CPIL and composite CPIL. In terms of law application, there is an “overlapping relationship” between CPIL involving unspecified large number of harmed private interests and composite CPIL. Only PCPIL involves the question of whether to use the proposed system of punitive damages for harmed public interest, or the improved administrative fines and the criminal fine penalty to attain the legal effects of sanction and deterrence. The so-called improved administrative fines is actually an administrative penalty combination composed of large sum fines, continuously calculated daily fines, the system of double fines, the system of both fines and confiscation as well as other administrative penalty measures. As the premise of offsetting administrative fines and criminal fine penalty, the connecting mechanism between administrative laws and criminal laws is actually a two-way lane - administrative punishment before the related criminal proceedings and administrative punishment after the related criminal proceedings. In terms of those two ways, their offsetting of administrative fines against the related criminal fine penalty must follow different principles and specific requirements. In order to fully protect the related public welfare, there should be exceptions to the principle of severe punishments absorbing the light punishments. In China, the legal protection of public welfare is extremely complex. In terms of the identification of the legal liabilities of the law-breakers, legislators and law enforcers should comprehensively consider the relationship and coordination among civil liabilities, administrative liabilities and criminal liabilities.

Published in	Humanities and Social Sciences (Volume 10, Issue 2)
DOI	10.11648/j.hss.20221002.15
Page(s)	65-82
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2022. Published by Science Publishing Group

Keywords

Substitutions for PCPIL Punitive Damages, Grouping of CPIL, Improved Administrative Fine, Set-off Between Administrative, Criminal Fine

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APA Style

Du Wen. (2022). Proper Substitutions of Punitive Damages Involving Public Welfare -- On the Improved Administrative Fine & Its Offsetting Mechanism with Criminal Fine. Humanities and Social Sciences, 10(2), 65-82. https://doi.org/10.11648/j.hss.20221002.15

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ACS Style

Du Wen. Proper Substitutions of Punitive Damages Involving Public Welfare -- On the Improved Administrative Fine & Its Offsetting Mechanism with Criminal Fine. Humanit. Soc. Sci. 2022, 10(2), 65-82. doi: 10.11648/j.hss.20221002.15

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AMA Style

Du Wen. Proper Substitutions of Punitive Damages Involving Public Welfare -- On the Improved Administrative Fine & Its Offsetting Mechanism with Criminal Fine. Humanit Soc Sci. 2022;10(2):65-82. doi: 10.11648/j.hss.20221002.15

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@article{10.11648/j.hss.20221002.15,
  author = {Du Wen},
  title = {Proper Substitutions of Punitive Damages Involving Public Welfare -- On the Improved Administrative Fine & Its Offsetting Mechanism with Criminal Fine},
  journal = {Humanities and Social Sciences},
  volume = {10},
  number = {2},
  pages = {65-82},
  doi = {10.11648/j.hss.20221002.15},
  url = {https://doi.org/10.11648/j.hss.20221002.15},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.hss.20221002.15},
  abstract = {For the purpose of enhancing sanction and deterrence effects, many scholars support the establishment of punitive damages involving public welfare in china. Because this legislative proposition involves a paradox and many conundrums yet to be resolved, this paper holds a negative attitude towards it. As an alternative, China can use the improved administrative fines and the criminal fine penalty to fully protect public welfare. Theoretically, civil public interest litigation (CPIL) should be divided into two categories: the pure civil public interest litigation (PCPIL) and non pure civil public interest litigation (Non-PCPIL). The former consists of CPIL involving indivisible public interests and CPIL involving unspecified large number of harmed private interests; The latter consists of diffusive CPIL and composite CPIL. In terms of law application, there is an “overlapping relationship” between CPIL involving unspecified large number of harmed private interests and composite CPIL. Only PCPIL involves the question of whether to use the proposed system of punitive damages for harmed public interest, or the improved administrative fines and the criminal fine penalty to attain the legal effects of sanction and deterrence. The so-called improved administrative fines is actually an administrative penalty combination composed of large sum fines, continuously calculated daily fines, the system of double fines, the system of both fines and confiscation as well as other administrative penalty measures. As the premise of offsetting administrative fines and criminal fine penalty, the connecting mechanism between administrative laws and criminal laws is actually a two-way lane - administrative punishment before the related criminal proceedings and administrative punishment after the related criminal proceedings. In terms of those two ways, their offsetting of administrative fines against the related criminal fine penalty must follow different principles and specific requirements. In order to fully protect the related public welfare, there should be exceptions to the principle of severe punishments absorbing the light punishments. In China, the legal protection of public welfare is extremely complex. In terms of the identification of the legal liabilities of the law-breakers, legislators and law enforcers should comprehensively consider the relationship and coordination among civil liabilities, administrative liabilities and criminal liabilities.},
 year = {2022}
}

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TY  - JOUR
T1  - Proper Substitutions of Punitive Damages Involving Public Welfare -- On the Improved Administrative Fine & Its Offsetting Mechanism with Criminal Fine
AU  - Du Wen
Y1  - 2022/03/18
PY  - 2022
N1  - https://doi.org/10.11648/j.hss.20221002.15
DO  - 10.11648/j.hss.20221002.15
T2  - Humanities and Social Sciences
JF  - Humanities and Social Sciences
JO  - Humanities and Social Sciences
SP  - 65
EP  - 82
PB  - Science Publishing Group
SN  - 2330-8184
UR  - https://doi.org/10.11648/j.hss.20221002.15
AB  - For the purpose of enhancing sanction and deterrence effects, many scholars support the establishment of punitive damages involving public welfare in china. Because this legislative proposition involves a paradox and many conundrums yet to be resolved, this paper holds a negative attitude towards it. As an alternative, China can use the improved administrative fines and the criminal fine penalty to fully protect public welfare. Theoretically, civil public interest litigation (CPIL) should be divided into two categories: the pure civil public interest litigation (PCPIL) and non pure civil public interest litigation (Non-PCPIL). The former consists of CPIL involving indivisible public interests and CPIL involving unspecified large number of harmed private interests; The latter consists of diffusive CPIL and composite CPIL. In terms of law application, there is an “overlapping relationship” between CPIL involving unspecified large number of harmed private interests and composite CPIL. Only PCPIL involves the question of whether to use the proposed system of punitive damages for harmed public interest, or the improved administrative fines and the criminal fine penalty to attain the legal effects of sanction and deterrence. The so-called improved administrative fines is actually an administrative penalty combination composed of large sum fines, continuously calculated daily fines, the system of double fines, the system of both fines and confiscation as well as other administrative penalty measures. As the premise of offsetting administrative fines and criminal fine penalty, the connecting mechanism between administrative laws and criminal laws is actually a two-way lane - administrative punishment before the related criminal proceedings and administrative punishment after the related criminal proceedings. In terms of those two ways, their offsetting of administrative fines against the related criminal fine penalty must follow different principles and specific requirements. In order to fully protect the related public welfare, there should be exceptions to the principle of severe punishments absorbing the light punishments. In China, the legal protection of public welfare is extremely complex. In terms of the identification of the legal liabilities of the law-breakers, legislators and law enforcers should comprehensively consider the relationship and coordination among civil liabilities, administrative liabilities and criminal liabilities.
VL  - 10
IS  - 2
ER  -

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Du Wen

Civil, Commercial & Economic Law School, China University of Political Science & Law (CUPL), Beijing, China

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Du Wen. (2022). Proper Substitutions of Punitive Damages Involving Public Welfare -- On the Improved Administrative Fine & Its Offsetting Mechanism with Criminal Fine. Humanities and Social Sciences, 10(2), 65-82. https://doi.org/10.11648/j.hss.20221002.15

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ACS Style

Du Wen. Proper Substitutions of Punitive Damages Involving Public Welfare -- On the Improved Administrative Fine & Its Offsetting Mechanism with Criminal Fine. Humanit. Soc. Sci. 2022, 10(2), 65-82. doi: 10.11648/j.hss.20221002.15

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AMA Style

Du Wen. Proper Substitutions of Punitive Damages Involving Public Welfare -- On the Improved Administrative Fine & Its Offsetting Mechanism with Criminal Fine. Humanit Soc Sci. 2022;10(2):65-82. doi: 10.11648/j.hss.20221002.15

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@article{10.11648/j.hss.20221002.15,
  author = {Du Wen},
  title = {Proper Substitutions of Punitive Damages Involving Public Welfare -- On the Improved Administrative Fine & Its Offsetting Mechanism with Criminal Fine},
  journal = {Humanities and Social Sciences},
  volume = {10},
  number = {2},
  pages = {65-82},
  doi = {10.11648/j.hss.20221002.15},
  url = {https://doi.org/10.11648/j.hss.20221002.15},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.hss.20221002.15},
  abstract = {For the purpose of enhancing sanction and deterrence effects, many scholars support the establishment of punitive damages involving public welfare in china. Because this legislative proposition involves a paradox and many conundrums yet to be resolved, this paper holds a negative attitude towards it. As an alternative, China can use the improved administrative fines and the criminal fine penalty to fully protect public welfare. Theoretically, civil public interest litigation (CPIL) should be divided into two categories: the pure civil public interest litigation (PCPIL) and non pure civil public interest litigation (Non-PCPIL). The former consists of CPIL involving indivisible public interests and CPIL involving unspecified large number of harmed private interests; The latter consists of diffusive CPIL and composite CPIL. In terms of law application, there is an “overlapping relationship” between CPIL involving unspecified large number of harmed private interests and composite CPIL. Only PCPIL involves the question of whether to use the proposed system of punitive damages for harmed public interest, or the improved administrative fines and the criminal fine penalty to attain the legal effects of sanction and deterrence. The so-called improved administrative fines is actually an administrative penalty combination composed of large sum fines, continuously calculated daily fines, the system of double fines, the system of both fines and confiscation as well as other administrative penalty measures. As the premise of offsetting administrative fines and criminal fine penalty, the connecting mechanism between administrative laws and criminal laws is actually a two-way lane - administrative punishment before the related criminal proceedings and administrative punishment after the related criminal proceedings. In terms of those two ways, their offsetting of administrative fines against the related criminal fine penalty must follow different principles and specific requirements. In order to fully protect the related public welfare, there should be exceptions to the principle of severe punishments absorbing the light punishments. In China, the legal protection of public welfare is extremely complex. In terms of the identification of the legal liabilities of the law-breakers, legislators and law enforcers should comprehensively consider the relationship and coordination among civil liabilities, administrative liabilities and criminal liabilities.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - Proper Substitutions of Punitive Damages Involving Public Welfare -- On the Improved Administrative Fine & Its Offsetting Mechanism with Criminal Fine
AU  - Du Wen
Y1  - 2022/03/18
PY  - 2022
N1  - https://doi.org/10.11648/j.hss.20221002.15
DO  - 10.11648/j.hss.20221002.15
T2  - Humanities and Social Sciences
JF  - Humanities and Social Sciences
JO  - Humanities and Social Sciences
SP  - 65
EP  - 82
PB  - Science Publishing Group
SN  - 2330-8184
UR  - https://doi.org/10.11648/j.hss.20221002.15
AB  - For the purpose of enhancing sanction and deterrence effects, many scholars support the establishment of punitive damages involving public welfare in china. Because this legislative proposition involves a paradox and many conundrums yet to be resolved, this paper holds a negative attitude towards it. As an alternative, China can use the improved administrative fines and the criminal fine penalty to fully protect public welfare. Theoretically, civil public interest litigation (CPIL) should be divided into two categories: the pure civil public interest litigation (PCPIL) and non pure civil public interest litigation (Non-PCPIL). The former consists of CPIL involving indivisible public interests and CPIL involving unspecified large number of harmed private interests; The latter consists of diffusive CPIL and composite CPIL. In terms of law application, there is an “overlapping relationship” between CPIL involving unspecified large number of harmed private interests and composite CPIL. Only PCPIL involves the question of whether to use the proposed system of punitive damages for harmed public interest, or the improved administrative fines and the criminal fine penalty to attain the legal effects of sanction and deterrence. The so-called improved administrative fines is actually an administrative penalty combination composed of large sum fines, continuously calculated daily fines, the system of double fines, the system of both fines and confiscation as well as other administrative penalty measures. As the premise of offsetting administrative fines and criminal fine penalty, the connecting mechanism between administrative laws and criminal laws is actually a two-way lane - administrative punishment before the related criminal proceedings and administrative punishment after the related criminal proceedings. In terms of those two ways, their offsetting of administrative fines against the related criminal fine penalty must follow different principles and specific requirements. In order to fully protect the related public welfare, there should be exceptions to the principle of severe punishments absorbing the light punishments. In China, the legal protection of public welfare is extremely complex. In terms of the identification of the legal liabilities of the law-breakers, legislators and law enforcers should comprehensively consider the relationship and coordination among civil liabilities, administrative liabilities and criminal liabilities.
VL  - 10
IS  - 2
ER  -

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