On The Power Of Supplementary Setting Of Local Administrative Penalties

Under the legislative system of "unified central leadership and a certain degree of decentralization,multi-level coexistence,and multi category combination" in China,local legislative authority has been continuously expanded in recent years,injecting vitality into local development.The revision of the Administrative Penalty Law in 2021 means that the central government will once again delegate power and grant local legislative bodies the power to supplement and establish administrative penalties.Due to the fact that setting administrative penalties is essentially a legislative activity,expanding the power to set administrative penalties for local regulations should not only consider the needs of local governance practices,but also consider the basic principles of legislative power allocation.At present,there are still problems in the supplementary legislation of local administrative penalties in China,such as difficulty in defining "illegal acts",unclear boundaries for supplementary settings,and limited local legislative level.This article starts from the practice of local legislation,clarifies the conditions and scope of setting up supplementary legislation for local administrative penalties,and analyzes the difficulties faced by the power to set up supplementary legislation for local administrative penalties.Provide improvement paths to address the issues faced by local supplementary setting rights.Firstly,clarify the differences between the power of local administrative penalty regulation,the power of setting,and the power of supplementary setting.Then,based on legislative practice,compare the differences between upper level laws such as laws and administrative regulations and local regulations,analyze the reasons for the need for local supplementary setting of administrative penalties,and evaluate the feasibility,necessity,and social effects of supplementary setting of administrative penalties in local administrative penalties;Finally,in response to issues such as unclear boundaries for administrative penalties in local supplementary settings,local legislative standards,and the need to strengthen local legislative levels,improvement paths are proposed.It is necessary to strengthen the diversified control mechanism for local supplementary settings,increase public participation in legislation,and increase the democracy and universality of local legislative decisions;Strengthen supervision during and after the event,and promote the legitimate and legitimate exercise of the power to supplement and establish administrative penalties.