Research On The Penalty-free List In The Implementation Of Administrative Penalty Law

The provisions for exempting administrative punishment are clearly stipulated in China's "Administrative Penalty Law",but in the implementation process of the "Administrative Penalty Law",administrative law enforcers have not used much of the provisions for exempting administrative punishment,among which there are two main reasons : 1.In the large area of administrative law,there are many administrative department laws in specific fields.It is difficult for administrative law enforcement officers to grasp the relationship between the special law and the basic law,and they dare not easily apply for exemption from administrative punishment.2.Application of exemption from administrative punishment as required by law The conditions are still not clear enough,and law enforcement officials are confused about the application of the terms.In order to implement the exemption from administrative penalties,the administrative organs continue to innovate and try to find a good way to promote the implementation of the exemption from administrative penalty clauses.In 2019,administrative agencies in many places issued a list of exemptions for violations of laws and regulations by market operators,which promoted the implementation of exemptions from administrative penalties and aroused public concern.The waiver list was popular in 2019,but it first appeared in the Hengqin Free Trade Zone in 2016.Only a few areas adopted it in the next few years.In 2019,it was picked up and applied in many places,with its specific background and The reason is that it is the result of a combination of various reasons,such as the realization of the purpose of administrative punishment,standardization of administrative discretion,reduction of administrative costs,highlighting the humanization of administrative law enforcement,and optimization of the business environment.The rationale basis of the checklist.Although the exemption list has positive significance and plays an important role in encouraging SMEs to trade,stimulating socioeconomic development,and protecting the rights and interests of illegal counterparts,the current exemption list in various regions is actually relatively thin.",It only stays on one paper,and there are still some problems with the paper itself.This article starts from the free penalty list documents published by various regions,and sorts out the specific content of the free penalty list,sums up the main body,text form and structure of the current free penalty list,the main scope and main areas of the free penalty behavior,etc.During the process of sorting and summarizing,it was found that the free list has the following problems: 1.The legal nature of the free list is unclear,which will cause questions about the legitimacy of the free list.The unknown nature also makes it difficult to clarify the status of the free list.Law enforcement officials are confused about how to use the penalty list in practice;2.The standard of the penalty behavior in the penalty list is unknown;this problem will lead to excessive gaps in penalty lists in different places,undermine the unification of the legal system,and affect legal authority;The wording and formulation of the penalty list can be seen on the subject of the lack of regulation of the penalty list.The lack of a regulated penalty list will bring potential administrative discretion to the administrative agency and become a tool for the expansion of administrative power,which violates the penalty.The original intention of the list has affected its active role.This article aims at the above-mentioned problems,and carries out a targeted and in-depth analysis and research.First,the legal attributes of the penalty list are clarified,and its nature is defined as the administrative discretion benchmark and administrative rules.Then,this article combines the administrative discretion benchmark and administrative rules.Characteristics,according to the current scholars 'recommendations on the construction of the administrative discretion benchmark system and the administrative rules system,specifically addressing other issues of the penalty list,from the entity to the procedure,from the legislation to the application,have made suggestions for improvement.In the future,the penalty list is structured into a set of rules and systems,which has practical significance for administrative agencies to better formulate and apply free penalty lists.