Sudy On The Implementation Path Of Administrative Penalty Power Sinking

The sinking of administrative penalty power is an important aspect of China’s comprehensive law enforcement reform in further promotion.In practice,townships and streets also generally undertake the exercise of administrative penalty power,but the sinking of administrative penalty power both legally and in practice there are problems to be solved or optimized,so the study of the effective sinking of administrative penalty power is particularly important.In the context of the new era of deepening the reform of administrative law enforcement system,there is still further discussion on how to improve the theory and practice,just as the new Article 24 of the Administrative Penalty Law also leaves room for further clarification on who should be the subject of the decision,what is the content and procedure of the decision,and how to understand the "grassroots The urgent need for management" and "effective undertaking" are the objects that should be clarified.In practice,there are also problems such as the limitation of effective decentralization of the administrative organization,the inadequate establishment of grassroots organizations,and the lack of personnel and financial resources.In the introductory section.Firstly,the current situation of domestic and foreign research is sorted out,and then the research background and research significance of this paper are described.The research methods of literature analysis,empirical analysis and comparative analysis are used in this paper.The innovation point of this paper is mainly the novelty of the research topic.At present,the main discussion in the academic field focuses on comprehensive administrative law enforcement,and it can be said that there are few analyses from the perspective of the sinking of administrative punishment power.The second point is that the paper not only illustrates how to implement the scheme of sinking administrative penalty power from the legal regulation,but also analyzes the problems from the practice of each region,and responds to the problems in reality.The first chapter is an overview of the sinking of administrative penalty power.Firstly,it defines the concepts involved in the power of administrative punishment,including the concept of sinking of the power of administrative punishment and the concept of sinking of the power of administrative punishment as well as the study of legal nature,by clarifying that "the sinking of the power of administrative punishment is to transfer part of the power of administrative punishment originally in the government and its departments above the county level to the townships and streets,and to make administrative punishment and take responsibility in their name ",then discusses the necessity of the sinking of the administrative penalty power.Finally,from the analysis of the legal nature to the necessity of the sinking of the administrative penalty power,it is further concluded that the sinking of the administrative penalty power is not only to solve the realistic disease of "not being able to see and manage,but also to meet the demand of the modernization of China’s governance ability,that is,the future of the sinking of the administrative penalty power.value.The second chapter discusses the policy evolution,legal basis and practice of the decentralization of administrative penalty power.By sorting out the policies,it is clear that the central government has played a guiding role in the continuous reform that started from 2000 to the present and even beyond.Through the analysis of the newly revised content of the Administrative Punishment Law,it is concluded that the townships and streets are now recognized by law as the main body for the implementation of administrative punishment power.Then a patterned categorization according to the practice can clarify the way the township undertakes the unfolding of the administrative penalty power,which helps the next problem sorting and the proposed development.The third chapter discusses the problems and the factors of the sinking of administrative punishment power.From the viewpoint of legal norms,the provisions of Article 24 of the Administrative Punishment Law are unclear,whether it is the subject of decision or the "urgent need for grassroots management" or the "effective undertaking" are not specified,and there is no supervision system for how to carry out the decentralization.The details of the supervision system of how to sink.From the perspective of practical practice,the allocation of power is hampered by the excessive control of higher-level functional departments and the unsmooth relationship between departments,as well as the lack of clarity in institutional settings and the lack of law enforcement personnel and financial security.The fourth chapter puts forward the view on the path to improve the decentralization of administrative punishment.Firstly,taking the theoretical guide of "democratic centralism" as the starting point,the theoretical proof is made from the connotation of "democracy restrains centralization" and "centralization guarantees democracy",so as to conclude that The main body of decision can be both the provincial people’s congress and its standing committee,and also the provincial government.In addition,it is also possible to establish a multi-element judgment standard that should be judged by the actual situation of townships and streets to "effectively undertake".Next,the principle of allocating power to the matter clearly from the "management of urgent needs" judgment criteria.For the supervision of the exercise of penalty power should be strengthened in the internal supervision at the same time,pay attention to the legal guidance of external supervision.For the problems in practice,also insists on comprehensive law enforcement,starting from the rationalization of the relationship between administrative organs,supported by institutional changes,internal optimization of law enforcement personnel and improvement of financial security,and finally forms an optimization path from law to implementation.