| Administrative punishment is an effective means for administrative organs to punish illegal activities,maintain administrative order and protect the rights and interests of counterparts.However,as an administrative act that makes the relative party’s rights and interests impaired or burden increased,administrative penalty may cause tension and even opposition between the two sides of the administrative legal relationship.The principle of combining punishment with education,as a law enforcement principle which should be strictly followed by administrative organs in administrative punishment,plays a positive role in easing the tension between the two sides of the administrative legal relationship,making the administrative punishment easy to accept,reducing the possibility of the counterpart violating the administrative law again.However,the principle of "combination of punishment and education",due to its strong abstractness and lack of operability,often produces chaotic law enforcement phenomena such as substituting punishment for education,substituting punishment for punishment,and undivided punishment for education in practical law enforcement activities,which disrupts law enforcement order and fails to play its due effect.Article33(3)of the 2021 "Administrative Penalty Law" stipulates that education shall be given to the relative person who is not subject to administrative punishment.This is a refinement of the principle of "combining punishment with education",which clarifies the statutory educational duties of administrative organs and shows that "education" is not only a principle and concept,but also a means of law enforcement that can be implemented.However,there is still a lack of operational guidance on how to effectively fulfill the responsibility of education.Therefore,this paper studies the educational responsibilities of administrative organs in administrative punishment as the theme,sorts out the educational responsibilities entrusted to law enforcement organs by law,and combines legal norms and law enforcement practices to make feasibility construction for the effective performance of educational responsibilities.This paper is divided into the following parts: the first part is the introduction,mainly explains the topic background and theoretical significance of the paper,and combs the domestic research status;The second part mainly expounds the outline of administrative organs’ educational duties in administrative punishment,which is mainly divided into the definition of administrative organs’ performing educational duties in administrative punishment,the provisions of existing legal texts,the legal basis and practical significance of performing educational duties.The third part is to sort out and summarize the specific types of educational responsibilities undertaken by administrative organs in administrative punishment,which are mainly divided into two categories: educational responsibilities in the case of administrative punishment and educational responsibilities in the case of no administrative punishment.The fourth part is the main obstacles for administrative organs to fulfill their educational duties in administrative punishment,which can be divided into conceptual barriers and institutional barriers.The fifth part is to put forward the solutions to the main obstacles,in the conceptual level to deepen the law enforcement personnel’s understanding of the education responsibility and establish a positive concept of law enforcement,in the system level should set the way of education,clear education procedures,pay attention to the evaluation of education,in this process should also be clear to perform the limits of education responsibility and education responsibility and administrative punishment implementation sequence;The sixth part is the supervision of administrative organs’ effective performance of educational duties in administrative punishment,which is divided into four aspects: people’s congress supervision,hierarchical supervision,social supervision and judicial supervision,so as to ensure that administrative organs can combine punishment and education in administrative punishment,so as to make law enforcement more standardized,orderly and effective,and better meet the requirements of law enforcement environment for law enforcement means. |
