Research On Administrative Pre-punishment System

The principle of combining punishment and education established by my country’s "Administrative Punishment Law" has practical problems such as poor operability at the normative level and poor implementation effect in the implementation process.At the level of legal norms,most of the implementation methods of the principle of combining punishment and education are declarative regulations.Even though most government documents specify the method of education administrative counterparts,they lack procedural regulations on how to combine punishment with punishment.The system construction focuses on the individual and the system,which leads to the extremely low operability of education itself.When the principled requirement of education lacks specific implementation devices,and in practice,only relying on the implementation process of punishment to try to achieve educational effects,the actual effect of educational color in the process of law enforcement is bound to be significantly weakened,so that punishment and education are combined.The principle is useless in practice,leading to many practical difficulties.Therefore,when implementing the principle of combining punishment with education,we should not only regard education as the purpose of punishment implementation,but also implement the educational concept through specific means and measures,and combine educational means with punishment at the law enforcement level to jointly ensure the effectiveness of administrative punishment.It is necessary to implement the executive principle of combining punishment with education in various levels such as legal system and practical operation.The specific operation modes that combine punishment and education,such as the "three-step" administrative punishment model and the "progressive law enforcement" model,have long been presented in the practice of administrative law enforcement in my country,but so far,the overall field of administrative punishment has not yet been formed.Standardization and institutionalization of educational means.In view of the beneficial exploration in practice and the practical experience in the judicial field of our country,this paper proposes the concept of "administrative pre-punishment",which integrates educational measures and punishment methods,and stipulates that the administrative organs may,in the process of implementing administrative punishments,punish those who are punished in accordance with standardized procedures.Subject is given an opportunity to correct in advance.For eligible administrative counterparts,the administrative agency will inform them whether they can choose whether to accept the administrative pre-punishment.A lighter,reduced administrative penalty or no administrative penalty.Administrative pre-punishment,a procedural act attached to administrative punishment,has the attribute of administrative guidance,emphasizes the participation and autonomy of the parties,and conforms to the principle of proportionality,the principle of administrative efficiency,the principle of risk prevention and the cooperative administrative model in administrative law;Administrative punishment law is in line with the preventive purpose of administrative punishment,and its legitimacy is based on the principle of combining punishment and education.The system design of the administrative pre-punishment system draws on similar systems in the field of criminal law,and explores the specific arrangements of the system from the scope of application of educational means and application procedures.By improving the applicable norms of educational means,administrative pre-punishment can educate the parties to take the initiative to abide by the law,reduce or avoid the negative effects that the parties and the society may suffer from administrative punishment,which is conducive to enriching the existing theory of the principle of combining punishment and education,and realizing administrative punishment.The unification of legal effect and social effect of punishment.