With the development of modern administrative law,public law theory is also undergoing changes.In the field of administrative law enforcement,There is a distinction between "flexible" and "rigid" in law enforcement methods,and The former rises.With the development of society,social management affairs continue to increase.These all pose new challenges to the ability and efficiency of administrative agencies in the face of complex administrative management orders,and to the ways in administrative duties.Critical reuse for administrative purposes,Law enforcement methods become more and more moderate.Local legislatures and administrative law enforcement agencies are also actively exploring innovations in social governance methods and methods.Among them,local legislation and practices related to letting offenders participate in social services have emerged in the field of administrative punishment.This article is based on this.In the study of "social service penalty","social service penalty" is a new thing.Through the observation of texts and phenomena in China’s current local legislation and practice,the existing model is analyzed,and the "social service penalty" is compared with the foreign "social service" It studies the system value and possible drawbacks of "social service penalty",and tries to construct our country’s "social service penalty" system by combining theory and practice.This article has four chapters,the first chapter is the analysis and observation of legislation and practice.By searching the current local legislation on illegal actors participating in social services in my country,it is displayed in the form of graphs,and through observation of practical effects,the research question of this article,"social service penalty" What is the nature,system value and specific content? While expanding its scope of application,how to construct and improve the implementation mechanism in order to avoid corresponding drawbacks and reflect the value of the system.The second part is to analyze the theory of "social service penalty" in administrative management.First of all,it starts with the investigation from the local legislative text.There are four basic elements of "social service penalty".It analyzes the general connotation of social service and believes that administrative penalty,The social service is voluntary service,which belongs to the general sense.Secondly,a comparative study of "social service penalty" and foreign "social service order" is carried out.The two have a great deal of participation in social service.The same point,but the essence is very different,and cannot be treated equally,but it is worth learning from.The last point is the point of this article.At present,there are few theoretical studies on "social service penalty".This article believes that the current local legislation and practice in my country is closely related to administrative penalty,and it is an education in the implementation of administrative penalty.Measures are innovations in administrative management methods,not administrative penalties.The third part is to analyze the system value and possible drawbacks of "social service punishment".The system value is embodied in the innovation of administrative management concepts and methods,the further manifestation of the educational function of administrative punishment and the promotion of citizens’ participation in social governance.The fourth part is the applicable scope,requirements and procedures of "social service penalty".First of all,in terms of the scope of application,the current scope of application of "social service penalty" is too narrow,which affects the full display of its value.It should be set as administrative One of the types of penalties,expand the scope of application to public security management penalties,road traffic safety management,and urban civilization promotion,and finally improve its system content from the applicable requirements and procedures. |