Research On The Implementation Of The System Of Administrative Penalty Lowering

The problem of grassroots governance is accompanied with the change and development of society.In order to solve the problem of grassroots governance,many reform attempts have been made in various places,including entrusted law enforcement,strong town expansion,stationed law enforcement,joint law enforcement,law enforcement convening.However,these reform models have their own limitations and cannot fundamentally solve the problem of grassroots law enforcement.The new "Administrative Penalty Law " clearly stipulates that the administrative penalty power of the county-level competent department is allowed to be transferred to the township people ’s government and sub-district offices.This institutional innovation has fundamentally changed the existing grassroots law enforcement form and has received extensive attention from all society.In local practice,the implementation of the system is mostly centered on the selective lowering of county-level administrative penalty power,the adjustment of the administrative law enforcement system at the county and township levels,the conditional support for grassroots law enforcement work,the construction of law enforcement work mechanism,and the formation of supervision and assessment system.Due to the complexity of the influencing factors related to practice,the local system practice presents a variety of patterns.From the legal normative texts of each province,autonomous region and municipality directly under the central government,the practical approaches designed by local governments in combination with the actual situation of the region include local legislation,formulation of government regulations,and introduction of government normative documents.The flexible use of institutional norms has well helped the administrative penalty power lowering system to meet the needs of local governance and achieved certain practical results.Of course,there are also various problems in the process of promoting the implementation of the system,which are embodied in the disorderly lowering of penalty power,the unfinished adaptive adjustment of the grassroots law enforcement system,the poor implementation mechanism and the inadequate supervision and evaluation.Based on the existing problems and the internal and external causes of the problems,the further deepening development of the system of administrative penalty power lowering of towns and streets should focus on the classification and lowering of administrative penalty power,the adjustment of grassroots work departments,the construction of grassroots law enforcement system and mechanism,the dual guarantee of human and financial resources,and the improvement of supervision and assessment system.