Research On The "Penalty Exemption List" Of Administrative Penalty

In order to actively promote the reform of humanized law enforcement,the "Penalty Exemption List" came into being.The actual connotation of "give no administrative penalty" in the Administrative Punishment Law is "exemption from punishment",and the "penalty exemption list" is the specific application of the "punishment-free" clause of the Administrative Punishment Law by administrative law enforcers.First of all,the "penalty exemption list" is an administrative rule published by administrative organs,which in the form of administrative normative documents,that clearly and concretizes the criteria for discretionary administrative punishment in a certain field,of which the discretionary standards are its most important feature.Secondly,whether from the perspective of rule governance or administrative self-formulate,the list is naturally internally binding,and its externalized characteristics also indirectly make it externally effective,making the decision to exempt punishment implemented according to the legality.At last,from the content,it published by various regions,in the process of operation of the list,there exists lots of problems: the low legal hierarchy,the multi-level basis for formulation,the standards for determining the exemption matter are not uniform,the law enforcement procedures for exemption are not standardized,and the supervision mechanism for the decision to exempt punishment is absent,resulting in legal loopholes that break through the existing legislative system,circumvent administrative punishments,and limit the discretionary power of administrative punishments.In view of the current problems,the following improvement paths are proposed: first,raise the normative level of the "penalty exemption list" to administrative rules,and the entity for its formulation shall be the People’s Republic of China at or above the municipal level or an authorized administrative organ.Second,standardize the content of the "penalty exemption list",establish a negative list text model,apply conditional exemption to matters in specific fields,and refine the factors considered for exemption.Third,establish a filing and review mechanism for the list,standardize the law enforcement procedures and improve the corresponding supervision mechanism.So as to build a set of standard enforcement mechanisms to ensure the long-term and effective implementation of the list and avoid the abuse of the "penalty exemption List".