Unilateral Model Of Administrative Punishment

Administrative organs in the process of administrative sanction, always follow a basic concept as the core of the unilateral, administrative sanctions adopted this approachand administrative tasks, the priority of the internal administrative behavior exclusivehave close relations, laws and regulations to which the legislation idea of "civil law" and other relevant civil servant status all these characteristics show unilateral, in this concept under the civil servant administrative punishment procedures although has certain rationality, but due to the lag, abstract and fuzzy characteristics such as the law has some shortcomings exist in the administrative sanction as basis, tend to have a negative impact on the administrative sanction, produce some bad social influence. Especially in recent years, in the face of the emerging network mediareport, processing mode of unilateral exposed weakness in its procedure and entity, in order to alleviate the pressure from public, administrative organs often take some negative measures, such as: Fire involved civil servants, do some discussion thread or deleted after the release of some papers....Such measures do not affect the right of the civil servants, will have some negative effects on the rights of the relative person, and then lead to a decline in the credibility of the administrative organs. The results generated, is inside the administrative organ to explore one of the administrative disciplinary consequences caused by the lack of legislation of the characterization, this paper will summed up the administrative organ and solution for unilateral mode of administrative organs, in order to make the processing mode of this kind of unilateral healthy and orderly development in the new situation, the need for the back of the source the legislation of this kind of mode, the pursuit of the root, and then clarify the concept and the present stage given new meaning, and appropriate to improve and complement the corresponding to this mode.This addition to the introduction and conclusion, a total of five parts.The first part and the second part raises question through the case. Unilaterl mode of administrative organs in the face of network report and hot cases, often in a passive and helpless situation, to shake off the dilemma to choice biased way to deal with things, lead to civil servants punished. Therefore, this article through the discussion and analysis of the case and summarizes the connotation of the administrative sanctions unilaterally processing mode.The second part of the analysis of the administrative organ to take unilateral reason processing mode. Cause of unilateral mode of administrative sanction exists in the daily administrative activities are mainly attributed to the following aspects. First of all, the legislative reason lead to unilateral, administrative punishment.Secondly, is due to the administrative nature, decides the particularity of administrative sanction.Finally, the administrative retention principle reality and it really has the professionaland innovative.The third part is on the administrative punishment of the unilateral mode of reflection.This unilateral several problems which ignore the model comprises of administrative punishment. For example: the scope of administrative punishment is reasonable, administrative sanctions triggered a high-profile accountability and low-key comeback problem.The fourth part is to perfect the unilateral model. According to the model of unilateralproblems put forward some relevant suggestions and improvement suggestions,such as perfecting the legal aspects of the implementation, the corrected informationdisclosure and public participation and administrative relief and improve other tiny problem, making the implementation of administrative punishment more lawful,reasonable and fair.