The Research On The Prescription Of Administrative Sanction

The prescription system of administrative sanction has not caused widespread concern in academic circles in a long time. Several papers have existing prescription system of administrative sanction for positive attitude, but questioned and even opposing views also exist. In recent years, Peng Cui case and Du Bao Liang case also makes a lot of scholar to re-examine on it. The prescription system of administrative sanction appears to be the limit the right of administrative and makes the behavior of person which is illegal have not be properly punished But the purpose of prescription system is not like that. How to understand the legal value of the prescription system of administrative penalty, to adjust the conflict between administrative authority and person, to explore the defects in the existing system of punishment,then find the way to perfect. Therefore, the research on this issue has important theoretical and practical value.This article is divided into three parts:introduction, main part and final result.The first part firstly introduces the origin of this article, and then emphasizing it is necessary to study the of administrative sanction is important to construct the whole prescription system of administrative sanction. Then, in this part, it introduce the train of thought of this article, and some typical cases could explain the theory.The main body part has four chapters. The first chapter discusses the fundamental theory of the prescription,and found its key element. Then, contrast prescription and other conception which is easy confusing. Chapter two discusses the basic of the prescription of administrative sanction including its concept,characteristics,the nature,value and effectiveness, and talks the reasonable and legalization to apply to the prescription of civil and criminal; by interpreting the existing legislation about the prescription of administrative sanction, we could understanding of the meaning of it deeply, and found problems; The third part is the most important of this article, focusing on how to construct the prescription of adjudication, the prescription of adjudication, the prescription of execution.for example, the start time to count how long to suit the reasons of suspend. a perfect the prescription of administrative sanction system should contain prescription of prosecution,the prescription of adjudication, the prescription of execution. So we should perfect the prescription of administrative sanction form these parts, to construct a prescription system which has perfect theory and be practical in our country.The final part summarizes the main points of this article, and reaffirms the meaning of the construction of the prescription system of administrative sanction, limit the power of government and protect the right of citizen. At last, I am also write the insufficient and inadequate part of this article. IV...