On The System Of Relative Centralized Administrative Penalty Power

The system of relative centralized administrative penalty power has been rapidly developed and it has been gradually developed from the original single field to multiple fields such as culture, etc. since the administrative penalty law was executed in 1996; however, there have been more and more disputes over the relative administrative penalty power. Many scholars have presented objections to the system of relative centralized administrative penalty power, thinking that the system of relative centralized administrative penalty power has no legal ground or foundation for existence. In order to stably promote the system of relative centralized administrative penalty power of the urban management officers, the new ideas of integrated law enforcement of the urban management officers are discussed, the resolutions to the problems existing in the law enforcement of the urban management officers are studied, the efficiency of the system of relative centralized administrative penalty power of the urban management officers is further improved. It has been 11 years since the system of relative centralized administrative penalty power of the urban management officers was promoted. The basic national strategy of ruling the country by law has been continuously carried out and the law enforcement theory and practice of the urban management officers have been continuously explored and developed. It is the process of shaping the modern city with the complete functions, distinct characteristics and urban charming. With the detailed guidance of the legal affairs offices of the provincial governments and under the strong leadership of the local people's governments, the urban management integrated enforcement departments at all levels have deepened the reform of the urban management integrated enforcement system, innovated the supervision mechanism, enhanced the construction of the law enforcement teams, standardized the administrative enforcement behavior, firmly carried out the system of relative centralized administrative penalty power in the field of urban management, further advanced the reform of the administrative enforcement system of our country, laid the firm theoretical and practical foundation for building the "streamlined, uniform and efficient" administrative enforcement system, improved the urban citizens'living environment, raised the urban grade and provided the strong support for the urban look for promoting the sustainable social and economic development. The urban management integrated enforcement team has become an indispensable main force of urban management and civilization building.Article 16 of the administrative penalty law determines the system of relative centralized penalty power. The system of relative centralized penalty power, which relates to the modification of the administrative enforcement system, is an important signal of the administrative law of our country developing to the high level. However, there are some problems in the operation of the system. Its fundamental reason is the lack of the theory of the system of relative centralized administrative penalty power. Therefore, it is necessary carry out the theoretical analysis of the system of relative centralized administrative penalty power in the theory of the administrative law, conclude and improve the practical problems. With the analysis, the system of relative centralized administrative penalty power with the rational framework is presented. The system is, in essence, to legalize, standardize and generalize the system of relative centralized administrative penalty power, and at the same time, the judicial organ interferes in the administrative penalty and changes the situation of the administrative penalty organ monopolizing the administrative penalty power, which also meets the development trend of the administrative law enforcement in the world. The paper, which is divided into 3 parts, discusses the connotations of the concept, effects and relevant problems of the system of relative centralized administrative penalty power and presents the preliminary thinking of perfecting the theoretical and practical problems of the administrative law enforcement. The whole paper, focused on the substantive analysis method and combined with the other methods, studies the system of relative centralized administrative penalty power.Part 1 is the overview of the system of relative centralized administrative penalty power. The author has analyzed the connotations, legal foundation for occurrence and advantages taken of the system of relative centralized administrative penalty power one by one. The core of the system is to separate the administrative penalty power from the administrative power owned by the administrative organ and designate the separate specific organ or special organ to uniformly exercise the right. After the administrative penalty power is relatively centralized, the relevant administrative organs will not exercise the system of centralized administrative penalty power any longer. The background for occurrence of the system of relative centralized administrative penalty power can be related to the big background for legislation of the Administrative Penalty Law and it mainly occurs in the background of the protection of the private rights by the market economy, administration by law and institutional reform. The scope of the relative centralized administrative penalty power is promulgated in line with the field of urban management. After the system of relative centralized administrative penalty power is determined, some achievements have been made in the enforcement effect and strength, enforcement mechanism and image of the enforcement team, proper separation of the approval power of the administrative penalty from the supervision right, institutions and personnel, etc. Although the system of relative centralized administrative penalty power is to centralize the penalty power of the relevant departments, the centralization of the system of relative centralized administrative penalty power is relatively centralized but not absolutely centralized in all the urban fields, and its subject shall be legitimate while centralizing it. The main legal foundation for the system of relative centralized administrative penalty power is the service government advocated by the country now. It is necessary to build the relevant governmental departments to carry it out in all the cities because the system of relative centralized administrative penalty power centralizes the administrative penalty power; therefore, the requirement for its department is to carry out integration according to the service government advocated by the country. The essence of the service government is citizen-oriented; therefore, it can be seen that the control right theory and the balancing theory have become the key to the building of the system after the system of relative centralized administrative penalty power is built. It is to control the rights of the government and balance the interests between the government and the citizens, which has also promoted the building of the service government and driven the administrative management reform.In Part 2 are the effects and problems of the system of relative centralized administrative penalty power. Some remarkable achievements have been made for a dozen of years since the system of relative centralized administrative penalty power is built. First, it integrates the enforcement resources, resolves the problems of the urban management and protects the legitimate rights and interests of the masses. The system of relative centralized administrative penalty power integrates many enforcement teams in the cities and centralizes the scattered enforcement forces, which does not weaken the enforcement strength but enhances the enforcement strength. Second, it has improved the enforcement image of the government and established the new enforcement mechanism. The system of relative centralized administrative penalty power centralizes the penalty power of all the department after it is carried out, which avoids prevarication between all the departments, reduces the repeated penalty and creates the new management mode for the administration. Third, it has strengthened the standardization of management and public credit. With the system of relative centralized administrative penalty power, the one-line service in the original administration is reformed, the penalty pwer is separated and the self-seeking misconduct is avoided. Fourth, the specialized and standardized enforcement team has been established and the enforcement capability and level have been obviously improved. Because the penalty power of administration is separated, the gain and loss are supervised by all the departments, the enforcement department dares not to abuse the right in the penalty or give punishment randomly and the urban management team becomes more specialized. Although the system of relative centralized administrative penalty power has been carried out for many years and it has made remarkable achievements, there exist some problems in the system of relative centralized administrative penalty power. First, the grounds for the law enforcement are too general and not uniform. The system of relative centralized administrative penalty power is authorized to each municipal government, so a lot of laws related to the system of relative centralized administrative penalty power are promulgated by each municipal government. It is impossible for the laws of all the municipal governments are consistent and the departments integrated in many cities are different and there is no detailed instruction in the national laws. Second, the liabilities for enforcement are not clear. The main liabilities include inaction liabilities and random-action liabilities. The provisions on the random-action liabilities in the law are too general and the current laws have the detailed provisions on the administrative authorities or administrative entities and have no description on the sub-division of the liabilities of the system of relative centralized administrative penalty power or clear provision on the compensation for the gains and loss. There is no legal interpretation on the liabilities investigated. Third, the supervision system is incomplete, the procedural law of the administrative law supervision is not clear and there is no relatively independent supervision organ set in the original penalty power department and the collective discussion determines that the construction of the system is not perfect and the supervision strength of the enforcement is not strong. The offense report system of the masses is not complete and the network media supervision mechanism is not put in place. Fourth, the enforcement subject has the strong randomness. By now, the personnel of the urban management enforcement bureau produced in the system of relative centralized administrative penalty power have been employed but not given the post via examination. Therefore, their awareness of law is very poor and it is very easy for them to give penalty according to their subjective ideas.Part 3 is the perfection of the system of relative centralized administrative penalty power. The author presents the following suggestions of perfection for the defects occurring in the enforcement of the system of relative centralized administrative penalty power. First, the uniform legal system of the system relative centralized administrative penalty power shall be built, the scientific legislation of the system of relative centralized administrative penalty power shall be promoted and the urban management mechanism shall be perfected, and at the same time, the democratic legislation shall be strengthened and the building of the system of relative centralized administrative penalty power shall be carried out well. Second, the administrative enforcement liability system shall be perfected, the system of relative centralized administrative penalty power shall be favorable to the construction of the urban soft environment and the efficiency examination of the urban management enforcement bureau produced in the system of relative centralized administrative penalty power shall be strengthened and the inspection, supervision, guidance and tracking mechanism of the system of relative centralized administrative penalty power shall be perfected. Third, the supervision system shall be perfected, the procedural law of supervision of the system of relative centralized administrative penalty power shall be made and the enforcement supervision shall be carried out according to the law. The relatively independent supervision organ of the system of relative centralized administrative penalty power shall be built, the construction of the supervision team shall be strengthened and the internal supervision mechanism of the urban management enforcement bureau produced in the system of relative centralized administrative penalty power shall be perfected. The collective decision system of the major issues shall be established, the supervision of the system of relative centralized administrative penalty shall be strengthened, the offense report system of the masses shall be built, and in the meantime, the media network supervision of the system of relative centralized administrative penalty power shall be set up. Finally, the quality of the enforcement team shall be improved, the legal quality of the staff of the urban management enforcement bureau shall be enhanced, the training and education of the staff shall be intensified, the management of the urban management enforcement bureau shall be strengthened, the activities of the learning organizations shall be carried out and the quality of the cadres'team shall be improved.