System Of The Health Administrative Property Penalty

Property penalty is a high frequency mode of legal accountability used in law enforcement activities, health administrative law enforcement is no different. However, legislation, law enforcement and the academic areas of law have limited study on health administrative property penalty , the defects and problems of which can not be solved in the practical application and can not have law enforcement practice guidance. The purpose of this paper is to explain the concept, content and structure of the health administrative property penalty systematically fine to discuss its status and role as a punishment species of the administrative penalty and to put forward the programs and recommendations to solve problems based on analyzing the current situation and existing problems in order to really improve the health administration of property norms and the effect of punishment.This article is divided into three parts, first part is an overview of the administrative penalty property. Analyzes the concept of administrative penalty of property, and fine with other types of administrative penalties, criminal penalties for discrimination in the property, and finally by analyzing the legal system of health law and health and property leads to health administrative penalties and punishment, and summarizes the role and limitations of the health administration of property penalty. The second part is to analyze the status of and issues of the health administrative property penalty . First is the exposition of legislative overview of health administrative property penalty and to conclude and summarize the suitable mode of health administrative property penalty,fine and confiscation legislative means. Then,to analyze the problems in its legislation, the phenomenon of punishment prevalently set in the health legislation,lack of appropriate and gradient penalty content and penalty kinds of settings, and lack of rationality and timelyness. These types of issues result from defects of health legislative concept,legislative technique,timeliness pertinence. Finally,to spread out the difficult issues which has bright and practical meaning in practice of health administrative property penalty law enforcement such as that illegal income is not clearly defined, legal characterization of special acts related with property and whether legal title should be need when confiscating illegal property, a fine amplitude range and similarities and differences between confiscation and seizure. The third part is comments and suggestions focusing on improving the system of health administrative property penalty .By establishing the correct orientation with the legitimate, rational and controlled guiding principles of the legislation, refering to legislation of the foreign property embodied in a fine of humanism, justice and science and rational elements of law, drawing on a fine horizontal property law enforcement legislation and law enforcement experience, the paper puts forward the feasible proposal and ideas of legislation on property penalty and law enforcement measures with correct law enforcement and regulative law enforcement activities; and answers the questions raised in the second part of the difficult issues of law enforcement, and provides comments and suggestions for the practical work of law enforcement. Finally, concluding remarks give brief summary of the full text, and propose the beautiful vision of regulating and improving the behavior of health administrative penalty of property to enhance the credibility of law enforcement, building a socialist harmonious society, a better vision.The paper has research on the health administrative property penalty system, analyzes the problem which is difficult to solve or has no uniform opinion in the law enforcement practice and the contents and aspects with few studies.The paper also gives some useful suggestions,and seeks to help the law executors and legislators to improve the health administrative property penalty actions.