On The Improvement Of Administrative Punishment Implementation Mechanism Of Township Government

In 2021,the Administrative Penalty Law of the People’s Republic of China ushered in the revision,which added Article 24 "Provisions on the setting of administrative penalties by township governments",which built a top-level framework for solving the problem of inconsistent powers and responsibilities in the process of township administrative law enforcement and deeply promoting the reform of the law enforcement system at the grassroots level,but based on this article is not enough to improve the township governments Implementation mechanism of administrative punishment.In terms of the operation status of the administrative penalty implementation mechanism of the township government,the setting stage of the administrative penalty-related power of the township government shows obvious problems of low efficiency in the form of power flow,confusion in power configuration and lack of procedural regulation.This directly leads to the poor supply of administrative resources in the process of imposing administrative penalties by the township governments,which always fails to establish a professional and efficient law enforcement body.The "small society" attribute of townships further reduces the effectiveness of township law enforcement,and this influence continues to the supervision stage.In the supervision stage,the supervision rules of Article 24 of the Administrative Penalty Law are too abstract and the lack of supervision by the grassroots state power organs is a more serious problem.Article 24 of the Administrative Punishment Law is an important rationale for improving the implementation mechanism of administrative punishment by the township government.However,due to the confusion of the connotation of administrative power,administrative punishment and administrative jurisdiction,many opinions mistakenly regard this article as an empowering norm,and directly conclude that the township government enjoys the right of administrative punishment.The clause essentially allows the provincial government or the National People’s Congress to set the authority for the township people’s government through authorization,and does not exclude the administrative delegation so as to realize the orderly and peaceful transition of the administrative penalty power.At the same time,the clause also limits the scope and types of administrative penalties that may be imposed by township governments.In view of the strong abstraction of the rules of power establishment constructed by this article,it is necessary to concretize the path of "handing over" through the two-level power transfer mechanism of administrative entrustment and administrative authorization,and to determine the county government as the core node of the mechanism of initiation and evaluation.After entering into the implementation of administrative penalties,the township comprehensive law enforcement bureau can act as an internal agency of the township people’s government to exercise the powers related to administrative penalties.County-level government departments are responsible for providing training and supervision and evaluation,and ensuring that administrative resources flow to the township people’s government with the authority.At the same time,the orderly supervision of the implementation mechanism of administrative penalties by township governments is constructed by clarifying the attribution of legal responsibilities of township law enforcement and strengthening social supervision.