Research On Legal Issues Concerning The Transfer Of Administrative Penalty Power To Townships And Street

In the context of promoting the reform of the administrative law enforcement system,the reform practice of transferring administrative punishment power to the grassroots is the focus of the vertical reconfiguration of administrative law enforcement power.The reality and legal dilemma of township governments and urban sub-district offices exercising the power of administrative punishment caused by this need to be answered urgently.How to properly allocate power is a major issue faced by the theoretical and practical circles.The 2021 revision of the "Administrative Punishment Law" added Article 24,paragraph 1,which stipulates that the power of administrative punishment can be exercised by townships and sub-districts,which is a legislative response to the reform practice of transferring the power of administrative punishment to the grassroots.The promulgation of the new law has provided strong legal support for township governments and urban sub-district offices to exercise their administrative penalty powers,and is of great significance in promoting law-based grassroots governance.Examining the legal text and the state of practice,it is not difficult to find that the current transfer of administrative punishment power faces some problems: First,whether the nature of the transfer of administrative punishment power is administrative authorization,administrative delegation,or vertical redistribution of power.What are the methods and principles to be followed;the second is to sort out the policy process,law enforcement and judicial practice of the transfer of administrative punishment power to the grassroots,and find that the decision of whether the administrative punishment power is transferred to the provincial people’s congress or the provincial government is not clear,and the laws and regulations The connotations and extensions of the "urgent needs of grassroots management" and"effective undertaking by townships and sub-districts" have yet to be clarified;third,there is no legal and effective supervision mechanism for the transfer of administrative punishment power,how can townships and sub-districts be"accommodated and managed well" "How to play the management functions entrusted by laws and regulations is inseparable from the necessary supervision mechanism.In order to ensure the legitimacy and normativeness of the transfer of administrative punishment power,and promote the construction of grassroots governance and the rule of law,this article collects and sorts out relevant laws,regulations and administrative norms related to the transfer of administrative punishment power from the perspective of Article 24 of the new "Administrative Punishment Law".Combining the theoretical research on the downward transfer of administrative law enforcement power and practical cases,a comprehensive analysis draws the following conclusions: the nature of the transfer of administrative punishment power is the vertical division of labor and allocation of administrative punishment power;the decision subject for the transfer of administrative punishment power It can be the provincial people’s congress or the provincial government;the way of transferring administrative punishment power should be mainly based on administrative entrustment,supplemented by administrative authorization;the urgent need for law enforcement in townships and streets and the scope of effective undertaking must be combined with actual law enforcement needs and insist on adapting measures to local conditions The idea of realizing the scientific allocation of power;the supervision mechanism for the transfer of administrative punishment power should be composed of internal supervision of the administrative system,external supervision of the judiciary,and external supervision of the society.