| In order to strengthen the supervision of public power and prevent the abuse of public power,the central committee of the communist party of China(CPC)made the strategic plan of supervision system reform.Supervisory organs have three functions and powers,the administrative punishment as one of the disposal power,naturally shoulder the responsibility of supervising and punishing the exercise of public power for violating discipline and law.This paper takes the legal regulation of administrative sanction as the research object,aims to demonstrate the general theory of the legal regulation of administrative sanction behavior,the status quo of the legal regulation of administrative sanction behavior and its problems,and then puts forward some concrete ideas to improve the legal regulation of administrative sanction behavior on the basis of normative analysis,comparative analysis and measurement methods.The author thinks that the regulation of administrative sanction has important theoretical and practical significance for promoting the rule of law in the supervision system reform,which can not only clarify the power limit of administrative sanction,but also deepen the research depth of administrative sanction.To counter the problem of administrative sanction behavior,scholars respectively from the aspects of standard operation of the supervisory authority and human rights protection,and in connection with any other legal analysis of the necessity of administrative sanction shall be regulation by law,analysis of administrative sanction facing the reality of the situation from different aspects,but there are still some deficiencies,needs further research,hoping to push the administrative disposition,into the orbit under the rule of law,standardization of the process of supervision system reform under the rule of law.This paper is divided into introduction,body and conclusion,and the body is divided into three parts,the first part is the general theory of the legal regulation of administrative sanction behavior,the second part is the status and problems of the legal regulation of administrative sanction behavior,the third part is the perfection of the legal regulation of administrative sanction behavior.In the first part of this paper,the author first defines the administrative disciplinary action as a kind of disciplinary action taken by supervisory committees at all levels against all public officials who commit illegal ACTS in their posts.It differs from disciplinary and administrative sanctions.The so-called legal regulation of administrative action is to restrict administrative action by law and bring it into the track of rule of law.The theoretical basis lies in the power restriction theory,that is,the supervision right is a kind of public power,and the administrative sanction behavior is a way to exercise the supervision right.It also lies in the theory of human rights protection,that is,human rights are the rights that human beings are born with,and the subjects of supervision also enjoy human rights.Therefore,the rights of the subjects of supervision also need to be guaranteed.Moreover,it also lies in the theory of the rule of law,which is based on the law.Finally,the paper expounds the practical needs of promoting the exercise of supervision power,the internal requirements of perfecting the supporting system for the implementation of supervision law and the practical significance of serving the "three reforms" of discipline inspection and supervision system.In the second part of this paper,the author first lists the sources of administrative sanction behavior from the system,and concludes that there is a synergistic relationship between these systems,namely,continuous authorization,continuous supplement and joint performance.Then,from the perspective of practice,the author first analyzed the relationship between the "four forms" and the administrative punishment by using the macro charts of the past three years,and from the data side,it can be seen that China’s anti-corruption work in the past three years has achieved remarkable results.Then the microscopic chart analysis confirms the conclusion in the macroscopic analysis.Finally,the status quo of the system and practice analysis,put forward the our country’s current administrative sanction behavior,there are existing specifications of coordination,lack of specific disciplinary norms for public office,the lack of specific punishment procedure and method of "ji" not free of problems,and points out that the time is short,is due to the reform is still in the trial period,the relevant supporting system is not sound reasons.In the third part of this article,in the beginning of the paper at first because the act of administrative sanction draft has collected the suggestion to the society,but has yet to take effect on the reasons,first analyzes the act of administrative sanction to the existing "inspect" and the "interim provisions on the administrative sanction to undertake a variety of reflect each other,and analyzes the new characteristics of the administrative sanction act affirmation of the virtues of its existence,in turn,found that although the administrative sanction law solves the above some of the problems that the second part,but there are still some people not satisfied,It also points out that it needs to continue to improve its "connection between law and law" and "connection between law and discipline",and that the relationship between this law and superior law and relevant equivalent law is vague,and that some supervisors lack the ability of law enforcement.On this basis,the author from the system and practice,on the basis of combining with the system construction as the center,with optimization practice way of thinking,give the reinforcement and inspect the implementation of form a complete set of system supply,strengthen the supervision of the exercise of power supervisory committee,as well as specific ideas,improve the level of supervision law enforcement team found to solve some problems,in order to put the administrative sanction behavior into the orbit of standardization under the rule of law. |
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