Societies Punishment Research

Association penalty means the penalty imposed by association towards those opposites of association public service, especially its members who act against association regulation. Within a background of social evolution and transformation of governmental function, this article argued that as a form of social administrative act, association penalty has a feature of socialization of discipline administration, and can attribute to state administrative penalty in regulating social order. Throughout the article, the author focuses on the actual problem of current China, explores the theory and rule of the third sector administration with association penalty as its symbol, aims to find the nature and function of association penalty, regulate action of association penalty, foreshadows the material content of social public administration and response to the urgent need of social intrinsic order.The Introduction starts from reconsideration of the system of administrative law, arguing that it will be more objective to reflect the phenomena of administrative law and its rule with "administration" as central concept and "public affairs" as its subject. Tracing the footprint of "public affairs", we can find out that the third sector has been an important field of the development of administrative law, and the public affairs has been concrete content of public administration. Out of which the forms and actual functioning have been relatively mature, and constituted an important share of social public service of third sector. Due to its extinguishing governing capacity, association penalty has been an important constituent element for the analysis of the province of autonomous right. The research can to some extent explain some issues which are rooted in the fact under development. Seen from another angle, association penalty is a good material for us to understand the third sector administration, and will benefit us to construct a more concrete system of specific theories of administrative law. A series of methodologies such as province of administrative law, public affair, corporatism, civil society, power grid and case study is used.Chapter One focuses on the appearance of association penalty. With the interview of relevant historical segments, we can find out that informal rule outside state law such as association penalty play an important role of regulating social order in real life, and the association itself also can form a kind of cooperation with the state. With a view of the association penalty in current China by dimensions such as association, association regulation and actual effect, association penalty is confronted with a dilemma of legitimacy and it is in need of searching for a outlet of legitimacy, this exploration not only defends for association penalty, but also makes the most of potential to protecting order and improving efficiency.