Study On The Administrative Punishment Power Of Township

As an important field in the construction of a society governed by law,townships exercising punishment power within a certain field is conducive to strengthening the responsibility of social governance and "territorial management" at the grass-roots level.However,due to the principle and fuzziness of the relevant provisions of the Upper position Law,it is not enough to be the direct legal basis for the township to exercise the power of administrative punishment,resulting in the subject status of the township to exercise the power of punishment is controversial.Although there are some separate laws in some fields that grant the township to exercise a certain administrative punishment power,the Administrative Punishment Law stipulates that the jurisdiction level of the administrative punishment power is under the jurisdiction of the local people’s government and its functional departments at or above the county level,considering the profit-loss consequences of the penalty power to the administrative counterpart.The contradiction between the prudence of the law and the "empowerment" of the single law resolves the effectiveness of the power of punishment,and then affects the penetration of township administrative law enforcement.It is not difficult to see that the implementation predicament of township law enforcement is attributed to the defective legal basis,and the upward concentration of law enforcement level cannot respond to practical concerns.The Article 24 of the newly revised Administrative Punishment Law in 2021 gives the township the legal subject qualification to exercise the power of administrative punishment,which answers the problem of the subject eligibility of the power of administrative punishment of the township,and also conforms to the reform trend of the shift down the focus of the power of enforcement.Since then,the township has opened a new chapter of power expansion and empowerment.Township punishment power has experienced cognitive changes from "concentrated at the county level" and "entrusted to the township exercise" to "the focus of enforcement power sinking to the township".The problems of law application and construction of township law enforcement agencies,such as the way of "handing over" the power of punishment,the scope of township subject of "effectively accepting" the power of punishment,and the specific conditions of the sinking of the power of punishment,as well as how to bring township penalty power into the range of law enforcement supervision to prevent administrative willfulness,all bring new tests and challenges to local legislation and township law enforcement.This paper will be analyzed from the following four parts: First,through the definition of the relevant concepts of township administrative punishment power,the explanation of the basic theory,the analysis of the legal nature and the value of the rule of law,trying to lay a solid foundation for this paper to study the issue of township administrative punishment power.Second,the basis of decentralization of administrative penalty power in towns and townships is summarized from the level of policy and legal norms,which lays the groundwork for local legislation to supplement and refine the legal basis for the exercise of administrative penalty power in towns and townships.The paper also sums up the exploration mode of administrative punishment power of towns and villages around the country,and effectively draws lessons from the practical achievements around the country.Thirdly,taking B Town in Gansu Province as an example,this paper empirically analyzes the status quo of the township exercising the power of administrative punishment and the construction of law enforcement agencies,and summarizes the prominent problems existing in the power of administrative punishment and analyzes the reasons.Fourthly,it is suggested to perfect the power of administrative punishment by making up the legal loophole,strengthening the capacity building of law enforcement and perfecting the supervision mechanism of law enforcement.