Study On The Legal Review System Of Decisions On Major Administrative Penalties

Administrative penalties are imposed by way of derogation of rights and interests or increase of obligations to achieve the purpose of punishing the offenders and educating the public to comply with laws and regulations.By its nature,it is a typical intrusive administrative act,which may infringe upon the legitimate rights and interests of administrative relatives or other stakeholders in practice.Moreover,the practice of frequent arbitrary punishment,selective punishment,mechanical punishment and other administrative law enforcement chaos not only seriously infringes upon the legitimate rights and interests of administrative relatives,but also infringes upon the law enforcement credibility of administrative law enforcement organs.In this context,the legal audit system for major administrative penalty decisions came into being,which emphasizes that major administrative penalty decisions must be reviewed for legality and appropriateness through the legal audit process before they are made,which is of great significance in further standardizing administrative penalty procedures,reducing administrative law enforcement risks,and improving the credibility of administrative law enforcement.However,the system has been developed and practiced for a relatively short period of time since its pilot promotion in 2017,and there are certain differences in the degree and effect of implementation in various regions or administrative law enforcement departments,resulting in the actual utility of the system not being fully played,so it is necessary to continue to deepen the theoretical research on the system,fully analyze the current situation of the implementation of the system and the problems that arise,and provide feasible and This thesis is based on literature research,empirical analysis,and theoretical analysis.Based on literature research and empirical analysis,this thesis compares the basic principles and implementation effectiveness of the legal audit system of major administrative penalty decisions,and finds the problems in the legal audit practice based on the analysis of its construction and operation,and then puts forward targeted suggestions for improvement.The study found that after years of pilot promotion,basically set up the four pillars of the legal audit system of major administrative penalty decisions,and achieved initial results in practice,but also exposed a series of legal audit subjects,scope,content,procedures,responsibilities and other aspects of the problem,such as the review of divergent standards,the scope of discretionary space is too large,communication and collaboration mechanism is not smooth,the accountability mechanism is not perfect.Therefore,based on the above-mentioned situation,this thesis puts forward corresponding improvement suggestions from the conceptual level and institutional level respectively,emphasizing on establishing new legal audit thinking and clarifying the basic principles of legal audit at the conceptual level;emphasizing on the role of public lawyers and exploring the establishment of The people’s assessor participates in the legal audit mechanism,constructs the supporting mechanism of legal audit scope by implementing the double approval system of legal audit catalog list,establishing the democratic participation mechanism of legal audit scope,and improving the dynamic evaluation mechanism of legal audit scope,etc.,and constantly standardizes the content design of legal audit by establishing the dynamic evaluation mechanism of legal audit content and constructing the legal audit standard which is relatively unified and stricter than judicial review.In addition,through the standardization of the legal audit opinion expression form,refining the legal audit workflow to improve the legal audit work efficiency,through the establishment of legal audit personnel due diligence fault tolerance mechanism,improve the legal audit personnel recusal system to improve the legal audit accountability mechanism,so as to promote the major administrative penalty decision legal audit system of theory and practice research,to ensure its greater effectiveness in the process of comprehensively promoting the rule of law.