The Research On The Administrative Fine With China Law Enforcement System

In recent years, with the development of market economy and democratic political construction, supervision and management service functions of the executive increased dramatically, in order to effectively carry out extensive monitoring management responsibilities, the executive means extensive use of administrative penalties, and administrative penalties than the most used administrative fines, administrative fines and therefore have a " penalty king " status. Fines are administrative penalties for violations of administrative law enforcement organization norms in the executive branch counterpart to pay a certain amount of money within a certain period of obligation, it suffered through the loss of the economic, warning its administrative punishment violations do not occur in the future. Fines make offenders suffer losses in the economy, can play a role in deterrence and education, as opposed to other forms of punishment is easy to operate, and can be " punished when incrimination ", fully taking into account the severity of the offense and violations of people’s income, personality, family status, etc., can be punished punishment decisions people " convinced ", both general and special prevention function. Therefore, whether ancient or modern, whether Chinese or foreign, whether in life or in law enforcement, fines are often used for punishment. Subject specific fines, only the laws, rules and regulations clearly stipulates the right to enjoy the executive administrative punishment or other organizations in order to exercise the right to an administrative fine; fines object-specific, implementation of administrative fines for violations of administrative authorities only obligation of the administration of laws and regulations relative people in administrative fines, to others or organization shall not be fined; specific form of fines, penalties are added to the contents of the burden of property or property obligations to be punished person, its manifestations only currency; fines specific acts, administrative fines punishment can only be a violation of administrative laws and regulations act, and for other acts, even if it can not be illegal administrative fines. From the perspective of the executive body, the fine is a specific administrative act, with words, that is the property of the administrative penalty in the penalty; administrative relative person, the fine is negative legal consequences resulting from breach of administrative obligations, administrative responsibilities. The nature of the administrative penalty is mandatory by law to deprive the administrative body for the particular offenders of property rights, is the administrative body for the public interest and the specific harm the legitimate property rights of those who violated public order, the executive body of state power to allow the use of offenders to the public interest an economic compensation. Although there are alert and correcting administrative fines illegal, education, compensation for loss of public interest, security and so on, but it also has its own limitations, from punishment functional perspective, a different identity, status, economic, experiences, family environment, mental capacity, ideology and values of people different feelings about punishment; from the functional point of view of deterrence, because of legislation, enforcement problems deterrent function of the fine will be limited; from the cost of a fine point of view, if the fine is involved in social life the breadth and depth is not correct, the members of the community will result in fines or other rights of freedom of excessive intervention, so that the scope of the activities of members of society, capacity is limited, it will not be effective allocation of social resources and give full play.Their laws and regulations set up a penalty clause is good, and the fines are criminal acts played a role in suppressing a certain extent, but in the law enforcement practice, the right to continue to be abused administrative fines, administrative fines frequent problem. Statutory enterprises, libraries, etc. subject to a fine of flooding; policies from different departments, law enforcement phenomenon of long outstanding; administrative fines set generalization; symbolic fines prominent phenomenon legislative, administrative fines subject to confusion. Physical security is inseparable from the program to achieve justice, but in law enforcement practice, inform the program is missing; statements, defense system lacks effective protection; hearing procedures may not be implemented; forensics program does not comply with the law; lack of transparency in administrative penalties; administrative penalties docket not standardized, administrative penalty procedure confusing, do not pay attention to the administrative enforcement procedures. Taking into account the complexity of the reality of administrative law enforcement, law enforcement agencies must be given administrative punishment discretion, but in the practice of law enforcement,"law enforcement bargaining "; attitude penalty; human relations penalty or punishment, such as the abuse of administrative discretion, not law enforcement standards First case frequently. Due to lack of local financial support, lack of enforcement funding under the incentive " confiscated rebate " policy across local governments have issued a fine indicator," Separation pay the penalty,"" expenditure" do not strict; fishing black and other fishing rule enforcement, cited Funeral frequent phenomenon; fines packages and other fish enforcement powers from fat phenomenon also abound; enforcement alienation, fines economic phenomenon quite prominent. Responsibility is consistent with the basic concept of modern democracy; the rule of law is the first prerequisite of government. The rule of law, the responsibility is the law of life, impunity will inevitably lead to failure to abide by the law will lose its value and meaning. Although our law on the implementation of the administrative organs and their staff to assume administrative responsibility for violations made complete regulations, but in reality the practice of administrative law enforcement, particularly in the field of administrative penalties, the existing system of administrative law enforcement organs and individuals, and only a political responsibility without legal responsibility; legal responsibilities, authorities generally only responsibility without personal responsibility, personal responsibility, and generally only the responsibility of the general staff, no responsibility of leading personnel. In all the responsibility, the principle requires much less specific rules; general preaching, less the real thing, administrative fines and administrative responsibilities seriously out of line. Administrative fines problem is the abuse of administrative law enforcement organs punishment in the hands of an administrative fine, the "fines". Abuse of authority in the hands of fines were " fines " harm law enforcement agencies is extremely serious, it affects the credibility of the executive authorities, reducing the deterrent effect of the law to the detriment of the contract, to lure law enforcement officers crimes, and became the place economic development" bottleneck" is a " one hundred more harm than good."The primary task of the executive is to strictly enforce the laws and regulations in order to continuously reduce violations in the field, so as to ensure the normal operation of the social order, law enforcement authority in the hands of the abuse of administrative fines, resulting in a fine of problems frequently. Retroactive administrative fines problems "source " causes of protracted its two main reasons: the law enforcement system disorder, resulting in multi-door enforcement; in the case of law enforcement funds may not be adequately protected, driven by the interests of law enforcement, government at all levels fine quota; there are many loopholes in the law on administrative discretion, which also provides the possibility of its being abused; under "heavy entity, light program " concepts, administrative enforcement procedures confusion, causing the program can not be effectively bound by abuse of administrative power; NPC CPPCC supervision, saying the community is difficult to play the role of public opinion, the administrative reconsideration, administrative litigation supervision cumbersome and complex, resulting in ineffective oversight of administrative law enforcement; law enforcement officers in the exercise of discretion in the process, due to the level of education, knowledge of the law reserves ability of different business situations, knowledge of administrative law awareness is different, the quality of law enforcement officers uneven levels.Administrative fines are a hotbed of corruption, law enforcers who are long in the "cancer" does not cut as soon as possible, will be a recipe for disaster. Standardize administrative penalty system to overcome the proliferation of administrative fines, should follow the basic principles of administrative fines:the legal principle of punishment, punishment justice, the principle of openness, over a considerable penalty in principle, the principle of combining punishment with education, protection of the principle of relative human rights, separation of functions principle and the principle of punishment once, and can be improved from the following penalty system:reform the current system of administrative law enforcement, to avoid duplicate law enforcement, those policies phenomenon; protect law enforcement funds, to avoid law enforcement agencies for the funding and the " economic law "; prevent abuse of administrative discretion, refinement administrative discretion in the hands of law enforcement agencies; strengthen procedures for power constraints, improve administrative enforcement procedures; strengthen supervision over administrative enforcement actions to avoid oversight mere formality; strengthen the administrative enforcement of accountability that the powers exercised have scruples in the enforcement process; strengthen the administrative building of law enforcement ethics, and effectively improve the quality of law enforcement personnel; attempting to perform the conversion system of penalties to make the implementation of an administrative fine of more humane. Measures suggested by the above efforts, the rule of law, the government hopes to be built in2014; the situation of administrative fines can be improved.