The Research Of Relatively Centralized Administrative Punishment

Relatively centralizing of administrative punishment is one administrative execution reformation arising in recent years. The experiment of Relatively centralizing of administrative punishment aimed at solving the confusion of administrative punishment in the public administration field, redounding to cut the administrative organ and make the administrative punishment lawful. The enacting of administrative punishment law provided this reformation with a law base, hence it got a big progress, though there are little focus and discussion on it from theory circles and practice circles. This paper concluded the success of the experiment after setting forth the notion, the origin and the essential measures of administrative punishment power, then concluded this system had theoretically violated several principles about legal power, law priority, law reservation, legal system unification, etc. In practice, the foundation of the experiment is the reply of Legislative Bureau of Chinese State Department which has many doubts in content and procedure, furthermore the experiment did not get any essential effect, but brought many negative influence. At last, the paper tabled the solution that is we should cancel the enforcement of relative documents of Chinese State Department, and promote the administrative system reform by unifying administrative execution experiments, expanding juristic intervention and adjusting administrative organ and so on .At the same time, the conception and measure of public administration should be changed in order to solve the "weak" and " disorder" among administrative punishment under law.