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Research On The Boundary Of Township Government’s Puni Shment Power

Posted on:2023-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:J K ZhaoFull Text:PDF
GTID:2556306908990409Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The boundary of the punishment power of the township government are based o n the configuration of the punishment power of the township government,which con sists of the punishment power held by the township government and reflects the resul ts of the redistribution of the punishment power of the county government functions around the country.As the state continues to promote the reform of the grassroots ad ministrative law enforcement system and gradually allocates administrative punishm ent power to the grassroots government,the boundaries of the punishment power of t he township government have also undergone major changes.2021,China’s Adminis trative Punishment Law was amended.Article 24 of the amended Administrative Pun ishment Law has become an important basis for the allocation of the punishment pow er of township governments around the country,but the provisions do not provide for a detailed definition of the boundaries of the punishment power of township govern ments.In practice,due to the specific situation in which the township governments ar e located,it is difficult to unify the boundaries of the township governments’ power t o impose penalties,but the boundaries of the township governments’ power to impos e penalties are also the key to clarifying where the power to impose administrative pe nalties belongs.Therefore,the study of the boundaries of the punishment power of to wnship governments has certain theoretical and practical significance.This paper ma inly uses literature research,normative analysis,empirical analysis,and other researc h methods to analyze the main problems of the boundaries of the township governme nt’s punishment power in practice,based on the list of the collected township govern ment’s punishment power and the administrative punishment decisions.Based on the problem of the boundaries of the punishment power of the township government,the boundary of the punishment power of the township government is studied in conjunc tion with the history of the delineation of the boundary of power between extra-territ orial governments.The study concludes that,based on improving the list of punishm ent power boundaries,the dynamic adjustment of punishment power should be regul ated,and a corresponding regulatory mechanism should be established to improve th e punishment power boundaries of township governments.In this paper,the following four parts are devoted to the study of the limits of th e punishment power of the township government.The first part explains the research background and research value,literature rev iew,research methodology and innovation points.The second part explains the meaning of township government,the power of to wnship government to impose punishments and the boundaries of the power of towns hip government to impose punishments.Through the elucidation of the meanings,the direction of discussion is clarified,and the argument is paved for the later part of the paper.In addition,a theoretical analysis of the boundaries of the township governme nt’s power to impose punishments is also presented.The analysis is carried out from t hree perspectives,namely,the positioning of the functions of the township governme nt,the principles of the allocation of the punishment power of the township governm ent and the basis of the allocation of the punishment power of the township governm ent.The third part focuses on the issues of the list of the boundaries of the punishme nt power of the township government,the dynamic adjustment of the boundaries of t he punishment power of the township government and the mechanism for regulating the punishment power of the township government.Through collecting and analyzin g the administrative punishment decisions made by the township governments and th e list of the boundaries of the punishment power of the township governments,it was found that the content of the list of the boundaries of the punishment power of some township governments was to a certain extent formalized,rough,and delayed.The pr oblem of dynamic adjustment of the boundaries of the punishment power of the town ship government is mainly the lack of clarity of the subject of delegation,recovery,a nd the corresponding standards.The problems with the mechanism for regulating the boundaries of the punishment power of the township government are mainly manifes ted in the lack of decision-making mechanism,demonstration mechanism and superv ision mechanism for the boundaries of the punishment power of the township govern ment.The fourth part puts forward suggestions for improvement in view of some prob lems that have arisen in the delineation of the punishment power of township govern ments.The list of the boundaries of the punishment power of township governments should be standardized,refined,and kept dynamically updated.Localities regulate th e boundaries of the punishment power of township governments by clarifying the ma in position of the provincial government in the delegation and recovery of punishmen t power and establishing standards for the delegation and recovery of punishment po wer.In this regard,the provincial government also needs to establish a decision-maki ng,validation,and supervision mechanism for the township government’s power to i mpose punishments to ensure the scientific and reasonable nature of the boundaries o f the township government’s power to impose punishments.
Keywords/Search Tags:Township government, Power of administrative punishment, Power allocation, Boundary of punishment power
PDF Full Text Request
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