Basic Theory Of The Procedure Of Administrative Penalty

The procedure of administrative penalty is the legal procedure to adjust administrative penalty, is an important constituent of administration by law. The law of administrative penalty promulgated for ten years, there are many difficulties in the practice, in certain degree because the research of basic theory of administrative penalty is insufficiency. This article attempts from the procedure protection to discuss the basic principle and the practice question of the administrative penalty .The main text divides into three parts.The first part of the research is the nature and the structure of the procedure of administrative penalty, promulgates the existence special characteristic of the procedure of administrative penalty from the ontology. the procedure of administrative penalty nature may differentiate two parts, in the form part, the procedure of administrative penalty performances the step and rule of the procedure of administrative penalty . The procedure of administrative penalty is actually one kind of procedure behavior, each step has the strict form request. The procedure of administrative penalty is constructed by the Law of administrative penalty and the procedure rules of other correlation law .No the rule of the law of administrative penalty, no the procedure of administrative penalty. In the entity part, the procedure of administrative penalty establishment goal is the procedure protection of administrative offeree's right. The procedure of administrative penalty is from listening to the relative person's statement, argued and informing the relative offeree to make the punishment decision the reason and the basis, thus has established the corresponding rights and obligations relations between the law...