Research On Administrative Penalty System For Downgrading Of Qualification

In today’s increasingly developing social economy,the governance environment faced by administrative organs is increasingly intricate and complex.With the emergence of various new phenomena,new technologies and new ways of management,the 1996 Administrative Penalties Law can hardly adapt to the needs of modern law enforcement.In order to avoid a large number of conflicts between the general law and the special law,the Administrative Penalty Law was amended in2021 to expand the types of administrative penalties,adding "lowering the qualification level" for the first time.To a certain extent,the administrative penalty of lowering qualification level alleviates the problems of increased social governance costs and administrative inefficiency caused by qualification revocation,and also helps strengthen the awareness of administrative counterparts of the rule of law.As an effective means of social governance of administrative organs,it can have a good warning effect on the illegal relative,but when implementing administrative punishment of lowering qualification level,attention should be paid to whether it will cause the consequences of surplus sanctions and prevent the alienation of function caused by excessive punishment.In the current administrative law field,a large number of laws and regulations and local regulations,administrative penalties for lowering the qualification level are provided for,and in practice,such penalties are also used.Therefore,there will inevitably be incompatible with the rules of administrative penalties.In addition,due to the existence of its own applicable circumstances are not clear,unreasonable penalty decision organs,imperfect procedures and other issues,resulting in reducing the qualification level of administrative penalties system is difficult to show its real advantages.For this reason,it is necessary to further study the scope of application,applicable standards and procedural relief of the administrative penalty system of lowering qualification level,analyze the relevant legal provisions on lowering qualification level and sort out a complete hierarchical system to ensure that the implementation of administrative penalty is more standardized and effective.