The Regime Of Administrative Penalty Surcharge

Section 51 of Administrative Penalty Law provides that the administrative authority may penalize the party as a result of the overdue fine which should have been paid by the party. However, by virtue of lacking the specific operative rules and vaguely understanding the issue of administrative penalty surcharge, the measures adopted by different governmental departments during the enforcement practice were various, which significantly affected the authority and integrity of law and the image of governmental authority. Since administrative penalty surcharge plays a significant role in encouraging parties to consciously perform their obligations and enhancing the efficiency of administrative management, it will be necessary to analyze the theoretical and practical issue and improve it further. In respect of the deficiency as to the research of administrative penalty surcharge, the article aims to provide readers with a few advices and approaches in order to clearly appreciate the theoretical issues and improve the regime of administrative penalty surcharge.The article aims to provide the fundamental theory with respect of administrative penalty surcharge, conduct the legal research for the relevant questions by means of applying administrative theories and referring to the rules of overseas administrative enforcement, analyze the current situation and existing difficulties of administrative penalty surcharge, and provide the advices as to how to improve the relevant regime. Chapter 3 of the article is the most important chapter which introduce the solution with respect of how to improve the administrative penalty surcharge.The article is divided into three chapters as follows:Chapter 1: Theory of the regime of administrative penalty surcharge. The chapter, by means of analyzing characteristics and applicable conditions of administrative penalty surcharge, concludes the concepts of administrative penalty surcharge and differs from concept of administrative penalty surcharge and other similar concepts, such as administrative penalty and fine for overdue payment. The article also illustrates significance of the regime of penalty surcharge.Chapter 2: Current situation and existing difficulties in relation to the regime of administrative penalty surcharge. The chapter introduces the current situation of administrative penalty surcharge in terms of our current rule and practical operative enforcement, and analyze basic figure, maximum figure and applicable measures in relation to administrative penalty surcharge by studying cases.Chapter 3: Solutions and researches of improving administrative penalty surcharge. The chapter provides solutions and advices of how to substantively and procedurally improve the regime of administrative penalty surcharge. In terms of substantiality, the article provides the legal advices of certifying the basic figure, limiting the maximum figure of administrative penalty surcharge and calculating the period; in terms of procedure, alongside the characteristics of penalty surcharge, the article refers to the general rule of domestic and overseas administrative enforcement, concludes the principle of establishing penalty surcharge and sets up the procedural structure in the subject.