Study On The List Of Exemption From Penalty In Administrative Punishment

The exemption list is not only an innovation in the practice of administrative rule of law,but also closely related to the Administrative Penalty Law.It has achieved good practical results and social impact in creating a relaxed business environment,promoting benign interaction in the regulatory field,regulating administrative penalty discretion,and improving law enforcement efficiency.It is a humanized and warm law enforcement method.The first paragraph of Article 33 of the newly revised Administrative Penalty Law in 2021 sets three clear constitutive requirements for the exemption from administrative penalties system,which in fact gives the legitimacy basis to the exemption list.Due to the fact that the exemption list system is a new phenomenon,there is insufficient research on it in the academic community.The exemption list system has problems such as unclear standards for identifying exemption behaviors,low levels of the main body responsible for making the exemption list,non-standard execution procedures,and imperfect supervision mechanisms.Therefore,it is necessary to systematically explore the theory of the exemption list system,improve the exemption list system in a targeted manner,and better adapt to practical needs.The first part is an overview of the system of the exemption list.Clarify the concept of the exemption list system and explore the nature of the exemption list.The exemption list is a normative document in terms of its effectiveness level,and its essence is the benchmark for administrative discretion,which can regulate the exercise of administrative discretion.Further explore the theoretical basis of the exemption list system from three aspects: the theory of fairness and justice,the theory of administrative efficiency,and the theory of combining punishment and education.The exemption list is of great significance in regulating administrative discretion,optimizing the business environment,and protecting the rights and interests of individuals.The second part summarizes the current situation of the exemption list,sorts out the local practice process of the exemption list,and summarizes the current situation of the exemption list from four aspects: the involved fields,exemption items,production subject,and text structure.The third part is about the problems with the exemption list.Due to the lack of unified regulations,the level of the main body formulating the exemption list is relatively low,and some administrative agencies have exceeded their authority to formulate the exemption list,causing damage to public rights and interests.There are also issues such as unclear standards for determining exemption behavior,low levels of the main body responsible for creating exemption lists,non-standard execution procedures for exemption,and incomplete supervision mechanisms for exemption lists.The fourth part proposes suggestions for improving the exemption list system.Firstly,standardize the production subject of the exemption list.In order to make the exemption list system more perfect and play its due role,refining the applicable standards for exemption from punishment is the prerequisite and foundation.In addition,there should also be a unified law enforcement procedure for exemption from punishment.Avoid the Procedural justice of the exemption list system.Finally,improve the supervision mechanism of the exemption list system and add relevant supporting measures...