Studies On System Of Relative Centralized Administrative Punishment Power

The relative centralized administrative punishment power system is a creation in China's administrative legislation. The substance lies in the reallocation of the administrative punishment powers among the varied administrative organs. This system is formulated with a view to effectively resolving the problem of "weakened" and "unauthorized" administrative punishment. It is also a systematic outcome of conforming to the status quo and meeting the demand of administrative law enforcement and administrative punishment prevailing in China. According to the pilot undertaking, this system is only a transitional institutional arrangement although there have been some due achievements made in the practice. It can neither put an end once and for all to the abuses in the traditional administrative punishment system nor play a significant role in tackling the problem of "weakened" and "unauthorized" administrative punishment. Furthermore, in the long run, this system will no longer accord with the fundamental requirements of modern administrative rule of law, and will fail to bring itself in line with the internationally applicable concept of administrative rule of law and the administrative legal system. Therefore, we can say this system is of no value for development. Based on the current model of the present day, efforts are to be made to improve the relative centralized administrative punishment power system, to make necessary corrections to its abuses, and plug up all loopholes in the legislation and law enforcement work.From the perspective of the desirable model in the future, it is recommended to abolish the relative centralized administrative punishment power system in good time, replace it with the fundamental principle of "fairness and efficiency", and to establish a new system of modern administrative punishment on the basis of the fundamental model of "power division but checking and balancing each other". This new system shall be not only able to make some breakthroughs from the existing system so as to bring about the proper division of administrative power and punishment power, but it shall also seek some solutions from outside the existing system to transform the "centralized administrative system" into the "dualistic administrative system" so as to accelerate the judicial process of administrative punishment in good time.