On Enactment Of Administrative Punishment In Local Legislation

On January 22,2021,the newly revised "Administrative Punishment Law" was deliberated and approved at the 25th meeting of the 13th National People’s Congress Standing Committee.It will come into force on July 15,2021.This is the first major overhaul of the "Administrative Punishment Law" since its implementation for more than 20 years.The new "Administrative Punishment Law" not only provides a clear definition of "administrative punishment" for the first time,but also adds a certain number of types of administrative punishment to the original types of administrative punishments.This revision has expanded the local legislation’s power to set administrative penalties to a certain extent,responds well to the current demand for refined local governance,and it plays an extremely active role in promoting local autonomy,punishing new types of illegal behaviors,and maintaining social order.Although the new "Administrative Punishment Law" has taken a small step forward in expanding the power to set local legislative administrative punishments,the "small step" still cannot solve the various problems that have arisen in social governance.Punishment measures cannot effectively regulate the endless new types of illegal acts.The power to establish administrative penalties in local legislation can be divided into the power of creation and the power of regulation.Through the analysis of local legislative documents and practical cases in our country,the power of creation and regulation faces different problems,which hinder the effective governance of the locality.The problem with the power to create local legislative administrative penalties is that the types of penalties that can be created are single,the penalties that can be created are not strong enough,and the power to create "other administrative penalties";the problem with the power to stipulate local legislative administrative penalties is that the regulations overlap with higher-level laws and the regulations are illegal.This article discusses the necessity of expanding local legislative and administrative penalty setting powers from two aspects:the central legislation only provides general provisions and the local legislation is more adaptable to local conditions.In addition,it discusses the need to protect citizens’ personal freedom,standardize the government’s market supervision functions,and maintain the national legislative system.One or three levels discuss the necessity of regulating local legislative administrative penalty setting power.Combining with the practical problems faced by the local legislative administrative penalty setting power,to expand the local legislative administrative penalty setting power,we can start from the perspective of reshaping the type of administrative penalty system.By learning from the relevant regulations in Taiwan,the author believes that five administrative penalties can be imposed.It is divided into personal penalty,property penalty,qualification penalty,behavior penalty,reputation penalty,and a certain expansion of the types of each type of administrative penalty,and the power to set administrative penalty is appropriately delegated to the local government.To regulate local legislative administrative punishment setting power,we can proceed from the three perspectives of matters involved,punishment types,and formulation procedures to ensure that the local legislature can exercise its administrative punishment setting power within a reasonable and legal scope.