A Study On The Identification Standard Of Illegal Gains In Administrative Penalty From The Point Of View To Set Up An Adequate Legal System In China

The Illegal income is a comprehensive concept involving civil law,administrative law, criminal law, generally refers to violations of laws and administrative regulations and all the illegal gains obtained. This article mainly studies the illegal income from the angle of administrative law. But because the criteria for identification of "illegal income" is not a cause, the law applicable difficulty, this paper will be in the "rule of law Chinese" thoughts and ideas under the guidance of the illegal income standards clear, which is conducive to building a good order of administrative law enforcement, improve the working efficiency of the administrative organs in China. Can put an end to the administrative organs arbitrary charges, damage the interests of the administrative relative, improve the government's image in the eyes of the public, to speed up the process of building the legal system in China.In the end, through the narration and comparison study of article, wish our country's administrative law provide reference for the modification and perfection of the illegal income, promote ruling by law, for the construction of China's rule of law.This paper is divided into six parts, the first part is the significance and innovation of this study; the second part embarks from the rule of law in China Chinese construction concept, analysis of the standards for determining the "illegal income" significance for the construction of the rule of law system in China and the connection of the two; concept and characteristics of the third part of the brief introduction of illegal income, and analyze the relation and difference between the illegal income "and the related concepts; the fourth part from the" illegal income"standard legislation how to view, pointed out that" illegal income "is not a standard of harm and analysis of the reason; the fifth part mainly introduces the foreign advanced legislative experience, and to our country reference; the sixth part puts forward the relevant suggestions from the legislative level and operational level. The results of this study are as follows: Based on the existing theory and practice, this paper based on all kinds of illegal income exist illegal income existing administrative punishment in China in the effect of defect levels and the legislative standard is notclear, confusion and other aspects of the applicable law, and respectively from the angle of legislation and practice point of view put forward their own comments: from the legislative point of view, the author thinks that China's administrative illegal income when integrating the existing legal provisions, the legal interpretation in the form of illegal income as stipulated in principle, and revise "administrative punishment law", to make authoritative provisions directly on the concept of illegal income and the range of issues such as at the same time to form clearly applicable to the illegal income. From a practical point of view, through the establishment of a qualitative and quantitative separation system and a larger amount of punishment of the hearing system to regulate law enforcement to prevent the abuse of standards. See.Based on the description and comparative study to the administrative law of our country illegal income in the revision and perfection of reference, to promote administration according to law, to contribute to the construction of the rule of law Chinese.