Research On The Power Of Relatively Concentrated Administrative Punishment System In Urban Management

Power of relatively concentrated administrative punishment is the most important government authority, which is closely associated with administrative counterpart and easily come into counterparty's notice, so it is the prior concrete administrative act to solve in our administrative legal system, Government enacts specific and systematic Administrative Penalties Law to farthest normalize administrative organ's power.Power of relatively concentrated administrative punishment system is an important system in Administrative Penalties Law, The article 16th of which provides that" The State Council or the government of the provinces, autonomous regions, and municipalities authorized by the State Council may decide an administrative organ to exercise some relevant administrative punishments, but the administrative sanctions of restriction of personal freedom is exercised by the public security organs only." The State Council attaches great importance to implementing power of relatively concentrated administrative punishment system which set by Administrative Penalties Law, and deploy it by issuing specific documents many times. Since 1997, in accordance with relevant documents of State Council,79 cities of 23 provinces, autonomous regions and 3 municipalities carried on power of relatively concentrated administrative punishment pilot work in urban management and achieved remarkable results. On August 22,2002, the state council issued《the Decision of Further Advancing the Power of Relatively Concentrated Administrative Punishment》, which marks that the experiment work of the power of relatively concentrated administrative punishment has been turned to outspread.Implementation in an all-round way is a must of pilot work, but this does not mean that power of relatively concentrated administrative punishment in urban management has been successful and perfect. In recent years, the practice indeed has a lot of valuable experience, but with the development and progress of the society and gradual improvement of China's legal construction, power of relatively concentrated administrative punishment in urban management has increased many contradictions and problems prominently, which directly affects the development of urban management law enforcement, and relatively makes some difficulties to implement the power of relatively concentrated administrative punishment. From pilot work to promotion in all-around way in urban management, more and more domestic legal experts and scholars pay attention to research and discussion of it. Especially on the practical problems, both the legal experts and the scholars in administrative management practice put forward many problems and relevant solutions, except for its achievements.According to the actual situation of law enforcement in urban management, this thesis tries to research and analyze the problems in the practice of power of relatively concentrated administrative punishment in urban management from the perspective of administrative legal problems. Combining theory with practice, this paper discusses the effective ways to solve these problems, and puts forward some concrete countermeasures, which help people to systematically realize the situation and problems of power of relatively concentrated administrative punishment in urban management. The author also tries to find out the source of the problems, and the methods and countermeasures to solve them, so as to provide certain reference to the further implementation of the power of relatively concentrated administrative punishment system.