Research On The Power To Set Administrative Punishment In Local Laws

With the development and progress of society,the emergence of new models of local governance and the continuous expansion of local legislative space,the types and settings of administrative penalties related to current laws and regulations obviously cannot adapt to the changing needs of social development.Article 8,Article 9,Article 72,Article 73 of the Legislation Law and Article 12 of the Administrative Punishment Law have set clear legislative boundaries for local law planning,but there are also Many fuzzy areas require urgent research in the direction of legal hermeneutics.While theoretical research continues to develop,the number of local regulations is also increasing sharply.Currently,there are 16,318 local regulations in force nationwide,of which 8,508 are provincial local regulations,5,948 are local regulations of cities with districts,592 are special economic zone regulations,and 1,268 are autonomous regulations and separate regulations.The rapid increase in quantity has not brought about a substantial improvement in the quality of legislation.This article sorts out the local laws and regulations promulgated by Beijing,Jilin Province and Changchun City,and analyzes the administrative penalties in the local laws and regulations in accordance with the creation rights.The terms and regulations are summarized in categories and subdivided in two categories: the creation of administrative penalties are subdivided into the creation of illegal acts and the creation of administrative penalties;the provisions of the fine-grained upper law penalties are subdivided into : The first situation is that the upper-level law has reserved space for local regulations,and the local regulations make detailed regulations based on the actual situation in the region.The second type of detailed provisions is the detailed provisions of local regulations on the term "equivalent" in the provisions of the upper law in accordance with system interpretation and other methods.The third form is to re-specify the penalty range.On this basis,the author found that the exercise of the power to set administrative penalties in my country’s local laws and regulations still has practical problems such as "contradictions with higher-level laws","repetition of legislation","lack of local characteristics",and "local legislation fetters".This article puts forward five suggestions from two major aspects of substantive law and procedural law: In terms of substantive law,this article adopts the method of legal interpretation to re-interpret the "legal reservation principle","non-conflict principle" and "local affairs" respectively.It is intended to clearly divide the local legislative powers,appropriately expand the scope of local legislative matters,highlight local characteristics,and reduce repeated legislation and illegal breaches of the upper law;in terms of procedural law,this article establishes normalization from before,during and after legislation.Hearing,demonstration,filing and evaluation mechanisms will realize scientific and democratic legislation and improve the quality of legislation.In summary,this article puts forward five suggestions,hoping to provide some legislative references for legislatures at all levels in view of the problems of the power to set administrative penalties in local legal bodies.