Research On The Allocation Of Administrative Penalty Power Of Township Government

The allocation of administrative penalty power of the township government is a new attempt of the state power organization in the distribution of power.With the deepening of the reform of the administrative law enforcement system,the law enforcement qualification of township governments is gradually prominent,and the state administrative organizations also need to improve their power allocation.The newly revised Administrative Punishment Law in2021 defines the subject qualification of administrative punishment for township governments,which provides a legal basis for the allocation of administrative punishment power to township governments,and also provides a legal guarantee for realizing the unification of power and responsibility of township governments and meeting the requirements of territorial management in the administrative law enforcement system.As the first level government in the organization of state power,allocating the power of administrative punishment to the township government is an important measure for the adjustment of the national administrative law enforcement system.By keeping the balance between the power of the township government and the rights of the opposite party,the legitimacy and rationality of the allocation of administrative punishment power of the township government are clarified,and the service management ability and authority of the township government are improved.This paper is divided into five parts for research and discussion.The first part elaborates on the research background,research significance,research ideas,research methods and possible innovations in this paper,and it clarifies the overall writing direction of this paper.The second part firstly defines the basic concepts related to the allocation of administrative penalty power of the township government,including the allocation of administrative penalty power and township government administrative penalty power.Through the definition of the basic concept,we can clarify the internal logic of the allocation of administrative penalty power of the township government,so as to explain the necessity and feasibility of empowering the township.Secondly,it expounds the value of the rule of law contained in the allocation of administrative punishment power of township government.The pursuit of modernization of national governance system and governance capacity puts forward further requirements for the work of township governments.Therefore,the allocation of the administrative penalty power for township governments is to meet the requirements of the legalization of grass-roots governance,the downward shift of the focus of administrative law enforcement and the reform of comprehensive law enforcement.The third part discusses the policy,law and practice of administrative penalty power allocation of the township government.Through the sorting of various policies and opinions,the central government’s promotion and guiding role in the empowerment of villages and towns is clarified.At the same time,based on the relevant legal provisions,the important position of the township government in the national organization and administrative management is summarized and analyzed.In addition,through the combing and analysis of practical exploration,we can clarify the real situation of the township government in the current administrative law enforcement system,thus promoting the orderly deployment of administrative punishment power among township governments.The fourth part discusses the problems existing in the disposition of administrative penalty power of the township government.Starting from higher-level agencies and township governments,the idea of excessive control still exists.The decentralization standard is ambiguous,and the integrated government is challenged.At the same time,the township government has not been qualified as the subject of punishment for a long time,and the problem of undertaking capacity cannot be ignored.In addition,the administrative penalty power,as a discretionary law enforcement power,has potential risks.Clarifying the above problems can straighten out the internal logic that township governments should follow in the process of allocating administrative punishment powers.The fifth part puts forward the forward path of the disposition of administrative penalty power of the township government.At present,the qualification of administrative penalty subject of township government has been confirmed to some extent.On this basis,we should deeply analyze the value concept in the process of subsequent power allocation,constantly optimize the allocation scheme and improve the allocation method.Given the allocation of administrative penalty power of the township government,the authorized subject should further clarify the original intention of granting power to the township and ensure its feasibility.The township government as the authorized subject,should clarify its responsibilities.At the same time,when the degree of authorization is not reached,facing the needs of grass-roots law enforcement,the township government can adopt the way of entrustment to realize the allocation of township administrative punishment power on the path of gradual reform.Finally,the authorized subject should adhere to the comprehensive law enforcement orientation,resolve the law enforcement chaos caused by the decentralization of power,realize the requirements of government integration and flat law enforcement,and make use of the advantages of front-line management to optimize the national administrative law enforcement system.