| The grassroots level is the foundation for building a socialist country with Chinese characteristics,the main force for comprehensively accomplishing the task of poverty alleviation,and the weak link in the country’s rule of law.Township people’s governments and sub-district offices,as the lowest level of state administrative organs,play an important role in maintaining social stability at the grass-roots level and promoting regional development in implementing central policies and national laws and regulations.The newly revised Law on Administrative Punishment adds the provision of "delegating the power of administrative punishment",and clarifies the dominant position of the township people’s governments and sub-district offices in law enforcement,which is conducive to the perfection of China’s administrative law enforcement system,the realization of the differentiated allocation of the responsibilities of county and township governments,and further promotes the law-based governance at the grass-roots level.Under the new situation,whether the grassroots law enforcement agencies can exercise the power of administrative punishment will directly affect the overall process of building a government by law and the overall level of building a country by law.This paper aims to exercise the administrative punishment at the grass-roots level to study the theory and practice,in view of the basic law enforcement agencies in the implementation of administrative penalties are faced with the problem analysis,put forward the countermeasures to solve the problem,in order to better safeguard gives effective operation of the basic exercise the administrative punishment,and realize the modernization of the national management system and management ability.In addition to the introduction and conclusion,this paper mainly includes four parts:The first part combs the general theory of villages and towns(streets)exercising the power of administrative punishment.First of all,through the introduction of the concept and characteristics of the power of administrative punishment,and the exercise of the power of administrative punishment configuration analysis,understanding and understanding of towns(streets)to exercise the power of administrative punishment to lay a foundation.Secondly,according to the newly revised Administrative Punishment Law and the Local Organization Law amended in March 2022,this paper analyzes the main qualification of township people’s governments and sub-district offices as the grassroots to exercise the power of administrative punishment.Again,from the villages and towns(streets)to exercise the right of administrative punishment conditions,the requirements of exercising the right of administrative punishment and the right to exercise the right of administrative punishment guarantee and supervision of these three aspects,introduced the content of the villages and towns(streets)to exercise the right of administrative punishment.Finally,the paper expounds the significance of giving towns(streets)to exercise the power of administrative punishment,including improving the governance ability of grassroots society,reshaping the administrative law enforcement system,promoting the reform of grassroots administrative law enforcement system and maintaining social harmony and stability.The second part focuses on examining the status quo of towns(streets)exercising the power of administrative punishment.It includes the background of granting towns(streets)the right to exercise administrative punishment,sorting out normative documents granting towns(streets)the right to exercise administrative punishment,exploring the mode of towns(streets)exercising administrative punishment,and analyzing the practice status of towns(streets)exercising administrative punishment by taking Z Town in Henan Province as an example.The third part discusses the problems existing in exercising the power of administrative punishment in towns and townships(streets).This paper mainly combs the problems from three aspects: first,the legislative problems of exercising the power of administrative punishment in towns and townships(streets).The second is the problem of enforcement of administrative penalty power in towns and townships(streets).From the administrative law enforcement agency setting,administrative law enforcement unified coordination mechanism,administrative law enforcement procedures,administrative law enforcement team and administrative law enforcement financial security mechanism to analyze.Third,villages and towns(streets)exercise the power of administrative punishment supervision.The fourth part of the township(street)to exercise the power of administrative punishment to improve the countermeasures.First of all,in the legislative aspect,the elaboration of legal interpretation,strengthen the local legislative guarantee.Secondly,in the villages and towns(streets)to exercise the power of administrative punishment of law enforcement,further promote the reform of administrative law enforcement agencies,smooth the unified coordination mechanism of administrative law enforcement agencies,standardize administrative law enforcement procedures,strengthen the construction of administrative law enforcement team and complete funding guarantee mechanism.Finally in the villages and towns(streets)exercise the power of administrative punishment supervision,improve the internal supervision,strengthen the supervision of the people’s University and improve the social supervision. |
