Research On Relatively Centralized Power Of Administrative Penalty

The power of administrative penalty is one of the most important powers owned by Chinese administrative organs. Administrative penalty is the most specific type of administrative acts made by administrative organs, and it directly relates to the vital interests of the masses. Therefore, the rationality and legitimacy of administrative penalty is essential. At present, the number of administrative organs in our country is huge, and the division of authority is inevitably unscientific or unreasonable, which leads to a series of problems in real life, such as multiple law enforcement, repeated punishment, mutual shuffle, etc. In order to standardize administrative penalty authority, to improve efficiency, to save the cost of administrative penalty, to improve people’ satisfaction and to improve the construction of socialist rule of law society, the system of relatively centralized administrative penalty is due to emerge along with the circumstances. Not only is it the restructure of the power and the enforcement agencies, but also a great innovation of legal system in the process of building a socialist rule of law in china. Although the development of the theory and the practice in about the last twenty years, the system of relatively centralized administrative penalty power has made certain achievements, there are still many shortcomings. This article recognizes the system of relative centralized administrative penalty power as a good system and that it conforms the trend of construction of socialist rule of law. But it’s still not perfect and has an urgent need to be improved. This article points out that, in the aspect of legislation, the legislation of relatively concentrated administrative punishment is facing a serious shortage, and its legal basis conflicts with other laws; in the aspect of law enforcement, the scope is not reasonable, relevant authorities are lack of mutual coordination, law enforcement behavior was not standardized, and the quality of law enforcement people was not high; in the aspect of legal supervision, internal supervision is not in place and external supervision is seriously insufficient.The present studies of the power of relatively concentrated administrative punishment separates theory or practice. Thus, this article attempts to combine both. The problems of relatively concentrated administrative punishment seem to be the problem of management, but essentially it is the problem of law. Because the power of administrative punishment comes from the law, and the exercises of the power is according to the law. This article is to find out the problems from the angle of the law and to improve the legal system and the other means to promote and consummate thedevelopment of the power of relatively concentrated administrative punishment. In the aspect of legislation, the aim is to conduct a comprehensive special legislation and promote the unity of the relative laws; in the aspect of law enforcement, the aim lies to divide scientifically the scope, improve the coordination between relative organs, standardize law enforcement, and strengthen the construction of law enforcement team; in the aspect of legal supervision, the goal is to perfect the internal supervision mechanism and establish effective external supervision mechanism.