Study Of Administrative Punishment Right Township Government To Configure

The Law on Administrative Punishment(2021)adds a clause "Delegating administrative punishment power to townships",which explicitly grants townships law enforcement qualification for the first time,realizing the transformation of grassroots law enforcement authority from scratch.This legal change provides great support for rural governance.However,this law alone cannot provide a proper normative basis for the overall downward movement of the power of punishment.The logical starting point of how to better implement and operate the power of administrative punishment in rural society after decentralization is the allocation of power.However,the allocation of the power of punishment cannot be completed by this single law.Therefore,from the perspective of rural social governance,this paper discusses the basic issues surrounding the allocation of the power of administrative punishment by township governments.Under the traditional order of rural social governance,After the reform of taxes and fees,the functions of the township government have changed,and the functions of social management and public service have been strengthened,which puts forward higher requirements for the level of township law enforcement.However,the establishment of departments and institutions within the government still exists the phenomenon of "coexistence and division",which leads to the insufficient supply of law enforcement functions,the lack of vertical allocation of law enforcement power,and the ineffective operation of power,and seriously affects the effectiveness of rural social governance.The decentralization of administrative punishment power has promoted the transformation from horizontal centralization to vertical subsidence in the allocation of law enforcement power in towns and townships,and realized the differentiation of law enforcement power allocation in counties and townships.In nature,the decentralization of administrative punishment power belongs to the vertical allocation of law enforcement power,which guarantees the legitimacy of the power source through legal authorization and also takes into account the improvement of law enforcement efficiency.To clarify the normative constitution of the system of allocating punishment power in towns and townships,the provincial governments should allocate power,respect the reform needs of local governments,and standardize local reform behaviors.In principle,the right of punishment is configured in the environment,public security,people’s livelihood and other grassroots management of the urgent need of the field,the scope is limited to the right of punishment enjoyed by the functional departments of the county government,the exclusion of a higher degree of professional,complex operation of the matter,referring to the development of the township positioning and scale to measure the power of the township to undertake.With the increase in governance matters,the expansion of management institutions,and the concentration of personnel,it means that the conditions for the town administrative power have been basically met,and then the quantitative management of law enforcement affairs,clear law enforcement needs,to ensure that the town government in the "decision-making-implementation-supervision" power operation link to play a complete governance efficiency.After the allocation of the power of punishment by the township government,it is necessary to confirm the identity of the law enforcement subject of the township in the organizational law through relevant regulatory measures,so as to maintain the consistency between the behavior law and the organizational law.Implement the localization management and comprehensive law enforcement of township vertical organizations,strengthen the allocation of law enforcement resources of township.To clarify the legal responsibility of implementing the power of punishment in towns and townships,establish a dynamic evaluation mechanism for the power of punishment by county-level governments and functional departments,and organize regular inspection of the implementation effect;Strengthen internal supervision by means of business guidance and assessment.Besides,improve information disclosure with accountability mechanisms and actively accept public oversight.