| In March 2018,the introduction of the supervision law was an important step forward in the reform of the national supervision system.On April 16,2018,the interim provisions on administrative punishments for public officials were promulgated,providing a basis for the implementation of administrative punishments.Since then,in order to standardize the procedures of administrative sanctions,various regions have also issued administrative sanctions implementation measures.Due to the short growth time,the lack of abundant experience and other factors,there may be difficulties and potential risks in the system design and power operation of supervisory organs in the process of exercising the power of administrative disposal.Theoretically,administrative punishment is a disciplinary action that the supervisory organ gives to the public officials who break the law and should bear legal responsibility according to relevant provisions.The administrative punishment from the perspective of procedure has the characteristics of constraint,compulsion and execution.The administrative sanction procedure discussed in this paper is centered on the right of disposal to discuss the power coordination and procedural justice in administrative sanction.At the same time,the interface between administrative disposition procedures and administrative sanctions procedures,administrative punishment procedures and criminal justice procedures is also very important.The convergence and coordination between these procedures has an impact on the making and effectiveness of the administrative disposition procedures.In the practice of the administrative organs of the supervisory organs,the local supervisory organs have established certain procedures,but they also reflect some problems,such as the lack of procedural provisions for administrative sanctions,the imperfect procedures for administrative sanctions,the unclear disclosure procedures for government affairs,and government affairs.The disciplinary participation procedures are scarce,and the external connection system of the government disciplinary procedures is not perfect.Based on this,the optimization of the government’s disciplinary procedures can firstly clarify the statutory principles of the procedure and improve the system of government disposition procedures in the Law on Administrative Disciplinary Measures,and improve the order and effectiveness of the legal norms on which government affairs are based.Secondly,by establishing “appeals” The principle of “not aggravating punishment”,the self-censorship and revocation of the disciplinary procedure by the supervisory organ,the principle of “no more penalty”,and the impartial design of the government disciplinary procedure;again,through the formulation of laws and regulations for the disclosure of supervision,and the improvement of the specific disclosure of government affairs Mechanism,improve the open mechanism of the government disposition procedure;in addition,through exploring the possibility of introducing administrative litigation relief,introducing complex cases to listen to the suggestion procedure,implementing the relief mechanism of the government disciplinary procedure;finally,improving the government affairs by perfecting the external connection system of the government disciplinary procedure The basis for the function of the punishment is to ensure the realization of the disposal value of the government affairs. |
