The Research On Administrative Penalty System Of China

The administrative penalty takes the administrative criminal law the lower position concept, refers to the penal sanction which the author illegal administration criminal law must receive. The article through to the administrative criminal law's nature and the characteristic discussion, analyzes the question which in our country administration penalty system legislation and the judicature exists, and was putting forward the consummation administration criminal law system's proposal finally. This article begins from three aspects, has carried on the comprehensive explanation to our country administration penalty system's related question.The article first part has discussed the administrative penalty's basic question. Here is mainly through to the administrative criminal law and the administrative penalty successional variation process inspection, defines clearly the two's developing process long and short of the story. In addition, this part other basic questions which involved to the administrative penalty system has also carried on the discussion. Including through violates administration's analysis to the administration, summarizes the administrative penalty's concept and the characteristic; Through has clarified the administrative penalty and the administrative criminal law responsibility relations to the administrative criminal law responsibility's establishmentDoes the article second part through to our country current administration penalty system's inspection, how analyze the nowadays to legislate in the question which as well as the judicature under the pattern existed to processes the administrative sanctions and the administrative penalty's relations. This part mainly involves two bulk contents:First, to our country administration penalty legislation pattern's inspection, as well as uses the independent type including the present situation and the existence question to disperse in the natural legislation pattern superiority analysis. Second, administrative sanctions and administrative penalty's engagement question The article third part the question which exists on the current legislative pattern under proposes the related consummation administration penalty system's position emphatically. Mainly includes the administrative penalty legislation pattern restructuring, in the engagement mechanism examination control system, as well as to administrative penalty type consummation and education-through-labor system's reform.