倍率式罚款的特定基数与乘数倍率之实证研究

倍率式罚款是罚款具体数额得以"随行就市"的技术手段,是"过罚相当"制裁原则得以动态化实现的规范机制。设定倍率式罚款的两大要素是用以计算罚款数额的特定基数与乘数倍率。由于特定基数的类别和乘数倍率的大小共同决定了罚款数额的幅度弹性,因此两大要素的恰当选择无疑对倍率式罚款的可行性、合理性和有效性具有至关重要的制约意义。本文基于司法案例和立法文件的实证分析,着重研究倍率式罚款的设定问题,包括特定基数与乘数倍率间的关联性、各自的选择原则和方法以及相关的设定技术。

The administrative fine pattern of multiple is a technical means that the fluctuation of administrative fine instantaneously follows the change of social development .And it is also a regulative mechanism, which contributes to flexibly carry out the principle that penalty correspondingly fits in the illegal facts and damages done to society. The special bases and the multiple rates constitute two elements for making the fine pattern of multiple. The different kinds of special bases and multiple rotes commonly control the flexibility of the amount of fine so that it is crucially significant for the feasibility, rationality and efficiency of the fine pattern of multiple to properly select the two elements. Based on the empirical analyses of the court cases and the documents of legislation, this article focuses on discussing how to design the fine pattern of multiple, including the relationship between the special bases and the multiple rates, the principle and ways of selecting bases or multiple rates and the relative technology of setting fine.