| The quick handling procedure of administrative punishment is a new mechanism for separating complicated and simple administrative cases.It was piloted by the public security organs of Zhejiang Province in 2012 and absorbed by the "Procedures for Handling Administrative Cases by Public Security Organs" in 2018,becoming one of the important procedures for handling administrative cases by public security organs.After the quick handling procedure achieved good law enforcement effects,it gradually began to be applied to administrative law enforcement in other fields.In 2021,the Coast Police Law was issued,and the quick handling procedure became a legal procedure for maritime rights enforcement.In the revision process of the law on administrative punishments,quick handling procedure also became one of the hot discussion.As we all know,administrative procedures have many important functions,such as preventing abuse of power,safeguarding citizens’rights and guaranteeing reasonable administration.The simplification of procedures is also seen as a challenge to the rule of law.Therefore,in the case of quick handling procedures being widely used,it is urgent to establish a formal system to restrict the quick handling procedures by law,and its construction also needs to be careful and make full theoretical preparation.This paper will focus on the necessity,feasibility and how to build a quick handling procedure.In addition to the introduction and the remainder,this paper is divided into three parts:The first chapter focuses on the necessity and inevitability of quick handling procedure construction.This chapter mainly uses the logical analysis method,through the introduction of governance modernization theory and social acceleration theory,explains that the quick handling procedure not only realizes the efficient allocation of governance resources through the separation of complex and simple,but also restricts the time discretion of law enforcement agencies through the process acceleration.It is proved that the construction of administrative penalty quick handling procedure is a necessary measure for the government to realize the modernization of governance in accelerating society.The essence of governance modernization is the governance of system.The governance efficiency of government is not only reflected in its efficient implementation of existing systems,but also reflected in responsive system supply.Under the background of accelerating society,on the one hand,the social uncertainty is growing rapidly,and the scale of government governance is constantly expanding.The efficiency of government governance resources determines the governance efficiency it can achieve.On the other hand,time has become a scarce basic resource for citizens,and the value weight of time resource has begun to increase.It is also an important path for government governance to effectively improve governance efficiency by reducing the procedural burden of the parties through procedural innovation.Therefore,with the continuous improvement of the speed of society,it is necessary to construct the quick handling procedure of administrative punishment to realize the efficiency of government governance.The quick handling procedure is not to realize the simplification of all the case handling procedures,what it wants to realize is the separation of the complicated and simple cases.The transformation of the existing simple procedures and ordinary procedures can not achieve the refinement of the separation of the complex and simple cases,so the construction of the quick handling procedure is inevitable.The second chapter is the feasibility study of the quick processing program construction.Although it is beneficial to improve the efficiency of government governance to construct the quick handling procedure of administrative penalty theoretically,the construction of the quick handling procedure needs to be feasible in reality.First of all,the construction of quick handling processor needs to have immediate practical requirements.The reason why the quick handling procedure is first implemented in the public security organs is precisely because the public security departments are faced with the tension of overloaded law enforcement tasks and limited law enforcement resources for a long time,so they are eager to solve the problem.With the continuous expansion of governance scale,the limitation of law enforcement resources will be further highlighted among various departments,so the accurate allocation of law enforcement resources will become the universal demand of law enforcement agencies.Secondly,the construction of fast processing program should have necessary technical support.The improvement of procedural steps and the deletion of relevant steps are important ways to realize the acceleration of procedures.Both of the improvement of procedural steps and the guarantee of the quality of handling cases and the effect of power supervision depend on the use of law enforcement equipment.Third,the pilot for the rapid process of innovation and improvement to provide a practical field.The pilot practice in various places not only enriched the system sample of the quick handling procedure,but also tested the law enforcement effect of the quick handling procedure..Finally,the Administrative Punishment Law reserves the institutional space for the quick procedure entry into the law.The existing administrative punishment procedure is not sufficient to the administrative cases,so the existing administrative cases have further space to be separated.In addition,the procedure of quick punishment in major emergencies is a special form of the procedure of quick handling.The principle of the administrative Punishment Law not only provides legal support for the establishment of the quick handling procedure,but also leaves a blank for the construction of the quick handling procedure.Chapter three,chapter four,chapter five and chapter six are the construction of the system of rapid handling procedures.Through investigation and interview,this paper extensively collects the practice patterns of quick handling procedure,uses normative analysis and logical analysis to process the empirical data,and puts forward the value standard and institutional framework of quick handling procedure construction.The third chapter,based on the theory of procedural legitimacy,demonstrates the value standard to be followed in the construction of quick handling procedure,that is to achieve efficient justice.First of all,the procedure of quick handling should follow the inherent legitimacy of the procedure and guarantee the political subject status of the parties in the administrative punishment procedure,so as to realize the minimum justice of the system.Secondly,on the basis of realizing the minimum justice,the tool legitimacy of the program should be realized during the construction of the quick handling procedure,that is the program efficiency should be maximized as far as possible by measuring the cost and benefit of the program.The fourth chapter sets up the scope of accepting cases of quick handling procedure,which should adopt the basic clear facts of the case and the parties’admission of wrong punishment as its applicable standards,and exclude cases involving large interests,cases involving the parties’non-full capacity,cases that cannot be resolved within the prescribed time limit and cases involving crimes.The fifth chapter is the legitimacy of the use of the technology.First,when simplifying the document,it should make the document concise and complete to realize the function of recording,saving and transferring.Secondly,the supply of legal resources should be strengthened while reducing legal audit links;Thirdly,the certification standards of case handling should be diversified.Fourth,the innovation of administrative mode cannot reduce the function of information tool of due process;Fifth,the flexible setting of the case handling site should protect the safety of the parties and avoid the suppression of the parties;Sixth,the time limit for handling cases should also match the acceleration depth of the whole program.The sixth chapter is the design of the supporting mechanism of the quick handling procedure.In order to ensure the acceleration and consolidate the legitimacy of the procedure,the following supporting mechanisms should be set up.First,a procedural motion mechanism should be set up to apply the procedure as the right of the parties;Second,set up the rights and obligations notification mechanism to make up for the deficiencies publicly in advance;Third,set up a lighter amount of punishment mechanism;Fourthly,set up a spot-check supervision mechanism which can save supervision resources.Fifth,set up the necessary time extension mechanism;Sixth,set up the program rotation mechanism to guarantee program connection. |
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