A Study On Issues Related To The System Of Postponement Or Instalment Payment Of Administrative Penalty Fines

In the practice of administrative punishment,it is unavoidable that the parties cannot fulfill the obligation to pay the fines on time due to special economic reasons.If they are forced to pay all the fines on time,they will directly affect the production and survival of the enterprise or individual.Humanitarianism.The law gives the parties the right to apply for an extension or to pay a fine in installments.When the "Administrative Penalty Law" was promulgated,the principle of postponing fines or payment by installments was proposed.There is still no unified and complete detailed legislation.The imperfection of the law has led to the lack of pertinence and operability of the system.If the power is too large,it will easily damage the legal rights and interests of the parties and violate the original intention of legislation.In order to adhere to the principle of combining punishment with education and the principle of guarantee of rights for administrative punishment,alleviate the difficulties in implementing fines,and safeguard the dignity of the law,the system of postponing or instalment of fines needs to be improved.Therefore,it is the main content of this article to clarify the connotation and necessity of the institution,the status of operation,analyze the existing problems and causes,and further conceive and improve the institution system.This article is divided into four parts:The first part is related to the theory of postponement of fines and payment by installments.Delayed payment of a fine refers to the extension of the time for payment of the fine;the payment of the fine in installments is to divide the fine into several payments.The author further defines its connotation through a comparative analysis with the system of daily fines,execution reconciliation and suspension of execution.From the perspective of administrative behavior,the nature of the administrative agency’s approval of extension and payment of fines by stages shall be the specific administrative act in accordance with the application and the execution of administrative punishment.It is necessary to protect the rights of the parties,alleviate the difficulties in implementing fines,urge the parties to perform legally and voluntarily,and further safeguard the dignity of the law.In the second part,the author conducted a preliminary empirical investigation on the system.Basically understand the facts that the current system is not running smoothly,the legislation is lacking and the quality is low,the practice is not uniform,and the administrative organs are negatively applied by means of legal search and questionnaire surveys.The third part analyzes the existing problems and reasons of the system based on the current status of the previous investigation.This system mainly has problems in legislation,administrative organs’ law enforcement consciousness,discretion,legal convergence,and relief mechanisms,and provides ideas for improving the system.The fourth part is based on the previous discussion,and puts forward suggestions for improving the fine extension and payment system.The determination of standards,the number of periods,and the discretion of the period are the crux of the poor system operation and the difficult point of the system conception.Administrative agencies should retain the necessary discretionary power while preventing their abuse or abuse of rights,which is the core of the system construction.The first is to strengthen procedural control to ensure openness,fairness and fairness in the form,and to ensure that the parties exercise their rights smoothly;the second is to clarify the benchmark.At least the provincial and municipal departments shall refine the legislation uniformly,and provide guidance programs for reference and application,so as to maintain the best "flexibility" in discretion and improve the operability of the system.Finally,it is suggested to establish a mechanism for preventing and punishing dishonesty and to clarify the parties’ relief mechanism to ensure the normal operation of the system from both sides.