An Empirical Study On Reducing Administrative Penalties In Administrative Law Enforcement

The application of mitigating administrative punishment in practice is common in all kinds of administrative punishment decisions.The "Administrative Punishment Law" stipulates four kinds of applicable circumstances for reducing administrative punishment,but the scope of application is relatively narrow.Most administrative organs’ decisions on reducing administrative punishment are made in accordance with relevant administrative penalty ruling rules formulated by various localities and departments.It can be said that the decision to reduce administrative penalties based on the discretion of law enforcement officers reflects to some extent the law enforcement officers’ understanding of the application of the law and the value judgment of the case.How did the phenomenon of reducing the normalization of administrative punishment arise? What are the reasons and impact of law enforcement personnel’s mitigation of administrative punishment? How should we regulate in the face of mitigating the negative effects of administrative punishment? These issues are worth our thinking and research.This article selects the current situation of administrative punishment of food safety in Zone H as a research sample,and conducts empirical research on reducing administrative punishment.The doctrine analysis of food safety related applicable laws,and the research on the practice of administrative punishment of food safety in H district by taking the market supervision bureau of H district as a sample show the status of administrative punishment of food safety.On this basis,the author observes the law enforcement personnel and law enforcement actions of the Market Supervision and Administration Bureau in Area H through interviews,case analysis,and other methods.The author attempts to restore the law of behavior behind the large number of law enforcement officers who apply to mitigate administrative penalties.The three reasons for personnel to reduce administrative punishment are the limitation of law,the advantage of law enforcement agencies,and the complex nature of the value orientation of law enforcement.The extensive application of reducing administrative punishment also has both positive and negative impacts on law enforcement practice.On the one hand,a large number of applications to reduce administrative punishment have forced legislation to negotiate with grass-roots practices,effectively reduced conflicts with law enforcement personnel,and made the punished learn The enthusiasm for law compliance has been improved;on the other hand,the large number of applications to reduce administrative penalties have caused law enforcement personnel’s job burnout,intensified sports-type law enforcement,and even damaged legal authority.Facing the current situation of mitigating administrative penalties,the author believes that it is necessary to reconsider in terms of enhancing multi-party participation in major administrative decisions,reshaping the role of administrative law enforcement subjects,and strengthening the principle of legal priority.Sources "," Exploring the establishment of an administrative punishment mechanism for classified enforcement "and other regulatory paths,with a view to better standardizing the law enforcement behaviors of administrative agencies and law enforcement personnel.