Studies On System Of Comparatively Centralized Administrative Penalty Power

The system of comparatively centralized administrative penalty power stems from a system innovation in the local administrative law enforcement practice. It is established by the 16^th item of "Administrative Penalty Law of the People's Republic of China ". This text studies and probes into a proposition from the angles of constitution science, administrative law science and administrative management science. It is first concerned with the intension, key elements, theoretical foundation, legal basis and basic principles of the centralized administrative penalty power system and offers a relatively more comprehensive analysis. Secondly, it explains the legislative reason, the formation and the development of the system of administrative penalty power. And then with the real examples, it makes a rational analysis and appraise on the effects of applying the administrative penalty power system, its inborn limitation and the deviation of practice, etc. that itself exists. Finally, it explores the administrative penalty power on work direction, outlet, depth, range issues that pursue further. Apart from the improvement of the system itself in the respects of standardization, high efficiency and coordination, the more important thing is that the comprehensive thought of resolving the executive power included in the system of administrative penalty power will provide clues and train of thinking for the reform of the whole administrative law enforcement system. Combined with the reality of Chinese political economic reform, it suggests the system orientation of Chinese administrative law enforcement system reform clearly, namely implementing the comprehensive administrative law enforcement and exploring the reform of three divisions of administration and two divisions of enforcement". Meanwhile, we should draw lessons from the western administrative penalty system. It is necessary to revise and improve our administrative penalty system and introduce the dualistic administrative penalty system progressively, which helps to re-recognize and establish the reform we need of the administrative management system with the administrative law enforcement system reform as the focal point.