| Major emergencies have the characteristics of suddenness,severity of harm,and urgency of time.Administrative agencies should respond quickly and forcefully to actions that violate emergency measures in the shortest possible time,in order to facilitate the orderly implementation of subsequent emergency response work.Article 49 of the newly revised Administrative Penalty Law of the People’s Republic of China proposes that "administrative organs shall promptly and severely punish acts that violate emergency response measures in accordance with the law." This provision fills the legal gap in emergency punishment procedures and provides guidance for the operation of administrative penalties on the track of the rule of law in case of emergencies.The rapid administrative penalty in response to major emergencies is based on the ordinary procedures under normal administrative penalties,with the main goal of improving efficiency.It is the embodiment of administrative emergency procedures in the field of administrative penalty law and belongs to procedural discretion in administrative discretion.The theory of tolerance obligation in public law provides a legal basis for rapid administrative penalties in major emergencies;The theory of procedural control emphasizes that emergency penalties should still meet the minimum procedural requirements.In the context of responding to major emergencies,implementing rapid administrative penalties has a practical need to maintain social order and improve administrative efficiency.Although rapid punishment has its legitimacy and necessity,due to the principled and general provisions of the Administrative Penalty Law,the implementation of the law faces difficulties,including unclear initiation standards,unclear scope of application,unclear implementation limits,and supervision difficulties.In order to regulate law enforcement behavior in emergency situations and better protect the legitimate rights and interests of administrative counterparts,the basic principles of rapid administrative punishment should be clarified and the practical operation path should be optimized.Adhere to the principles of legality,efficiency,and proportionality;Improve the normative requirements for rapid administrative penalties,clarify the applicable conditions for major emergencies,clarify the scope of application for violations of emergency response measures,and reasonably define the implementation limits for legal and rapid implementation;Strictly standardize the accelerated procedures for rapid administrative penalties,standardize the procedures for listening to statements and defending,streamline the review process,and optimize the delivery method;Strengthen internal and external supervision of rapid administrative penalties. |
