行政违法主体主观上的过错，也称行政违法的主观要件，是指行政违法主体对其所实施的违法行为及损害后果所持的心理状态，包括故意、过失以及实施违法行为的动机和目的。因为任何公正合理的制裁必须以被制裁的行为具有谴责性为基础，所以应受行政处罚的行为必须以过错为要件。 The subjective elements of the administrative illegality, also known as the subjective elements of administrative illegality, refer to the motive and purpose of the principal of the administrative illegality on the unlawful acts committed by the administrative illegality and the psychological state of the consequences of the damage, including intentional and negligent acts as well as illegal activities. Because any fair and reasonable sanctions must be based on the sanctioned nature of sanctions, administrative penalties must be based on fault.