Research On The Exercise Of Administrative Penalty Power By Township Government

The 2021 Administrative Punishment Law of the People’s Republic of China(hereinafter referred to as the "Administrative Punishment Law")has been revised,of which the most striking one is the addition of Paragraph 1 of Article 24 "Handover of Punishment Power",which shocks the existing administrative punishment system and extends the administrative punishment power to the grassroots to a certain extent,aiming to meet the State’s demand for grassroots reform,help stimulate grassroots vitality,promote the initiative of grassroots personnel in administrative law enforcement,and thus realize the improvement of the national governance system and the improvement of governance efficiency.It is the necessary requirement for the longitudinal allocation of the power of administrative punishment that the corresponding legal procedures and legal provisions must be complied with when the power of administrative punishment is transferred to the township people’s governments.However,in the process of promoting the actual work,there are many problems,such as the grass-roots government and superior docking is not in place,can not adapt to the conditions of empowerment,also can not combine with local conditions.Moreover,in the process of grass-roots law enforcement,the township government due to more people less,lack of sense of responsibility and supervision,nor in strict accordance with the law.Therefore,it is particularly important to analyze and solve these problems,which will affect the effectiveness of the reform of decentralization and the credibility of the people to the government.To this end,this article combined with the 2021 revised "Administrative Punishment Law",carried out the township governments to exercise the power of administrative punishment related research,paper is divided into four parts:The first part,from the perspective of theoretical basis,analyzes the relevant concepts of township government and administrative law enforcement power,provides the theoretical basis and legal basis;The second part analyzes the historical background and practical exploration of the devolution of the power of administrative punishment,and analyzes the practical model;In the third part,the author analyzes the obstacles of the township government to exercise the power of administrative punishment from the process of power establishment and operation.The fourth part,based on the problems mentioned above,provides a comprehensive and multi-angle solution to the problem of regulation from the aspects of ex ante legislative supply,interim law enforcement and ex post supervision.Effectively apply power to practice,strengthen administration and supervision in accordance with the law,delegate the power of administrative punishment to township governments,improve the consciousness and initiative of the grassroots,change from passive and passive management to active and positive governance,standardize the way of exercising power,promote coordinated and rapid development of regions,and implement the strategy of coordinated development of urban and rural regions.