On The Supplementary Establishment Power Of Administrative Penalties In Local Regulations And Its Regulatio

At the beginning of the enactment of the Administrative Punishment Law,it has strictly restricted the power to control the "chaos" and "abuse" in the establishment of administrative punishment in local laws and regulations.With the rapid development of economy and science and technology,new things and new situations are emerging,and the strictly restricted power to set administrative penalties no longer meets the development needs of The Times.In order to promote the modernization of local governance system and governance capacity,the new Administrative Punishment Law gives the local legislative subject the right to supplement the establishment of administrative penalties.However,because the right of supplementary setting of administrative punishment of local laws and regulations in China is still in the exploratory stage,there are still some applicable obstacles in the legislative practice.If these obstacles cannot be solved timely and effectively,it will affect the play of the function of the power system.In addition to the introduction and the conclusion,this article contains four parts:The first part explains the basic theory of supplementing the setting power of administrative punishment of local regulations.Local regulations of administrative punishment supplementary set power as a new "administrative punishment law" article 12 of paragraph 3 to create a power,legislative and complementary,its theoretical basis for local autonomy theory,legal loopholes to fill the theory,local legislation feature theory,the power in the process of exercise to follow the principle of legitimacy principle,the principle of necessity and feasibility principle.The second part explains the legislative motivation and current situation of the supplementary setting power of administrative punishment in local regulations.Due to the old provisions of the "administrative punishment law" does not meet the needs of modern local development,and our country to improve local independent legislative legislative goal direction,the new "administrative punishment law" added local regulations supplementary set power of administrative punishment,and in Guangdong,Hubei province and Yunnan province,for example,the supplementary set the implementation of the administrative punishment are analyzed.The third part explores the existing obstacles and root causes of setting administrative punishment.There are four obstacles in the supplementary setting power of administrative punishment in China,namely,fuzzy boundary of power,unclear scope of power exercise,procedure of power operation is not smooth and the lack of effective supervision of the exercise of power.The root cause lies in the differences in some localities of the right of supplementary administrative punishment.In legislation,the types and range of supplementary administrative penalty are not clear,the hearing procedure and demonstration procedure of supplementary administrative punishment have not been straightened out,and the evaluation and review mechanism of supplementary administrative punishment is not perfect.The fourth part puts forward the regulation path of supplementing the setting power of local regulations.In order to break the local regulations set administrative penalties,from four aspects of administrative punishment set regulation,namely set local regulations of administrative penalty set specification content,determine the types of administrative punishment and amplitude,standardize supplementary set administrative penalty hearing procedures and demonstration procedures,improve the local legislation subject set evaluation mechanism of administrative punishment and review mechanism.