Studies On The System Of Relatively Centralized Administrative Penalty Power

Administrative penalty is one of the most important and common behaviors on the course of administration for a country. In China, dispersing penalty structure has been adopted for a long time by administrative penalty and department legislation is also very ordinary, which lead to administrative penalty crossing seriously. In practice, the phenomenon of infringing citizen's rights usually happens because of repeatedly punishment. The article 16 of Administrative Penalty Law establishes the system of relatively centralized administrative penalty power in order to settle the problem: the chaos and weakness in administrative penalty filed. From the first model region in Xuanwu district of Beijing on, the system of relatively centralized administrative penalty power has been carried on for ten years. During this period, relatively centralized administrative penalty power had made enormous effect, at the same time, it also caused a lot of problems, lacking of some significant measures to complete the system, such as there is no nationwide legal rule about the system of relatively centralized administrative penalty power at present, organization structuring unstandard, supervision mechanism distemperedness and so on.In this thesis, I will study on the system of relatively centralized administrative penalty power. I will research it from both theory and practice and offer some suggestions to improve the system in the end. The article is about 33000 words and has 4 parts:The first part is a survey of the system of relatively centralized administrative penalty power. In this part, I will discuss the conception, essence, the relationship between law enforcement synthetically power, theoretical basis and the meaning of relatively centralized administrative penalty power. I will give my definition above all in the base of analysis the extant views.In the second part, I will analyze the practice of the system of relatively centralized administrative penalty power, including the development stage, centralized range, operation way and the achievement in different places.The third and forth parts are the focal point of my thesis. The third part is about the problems and the cause of problems about the system of relatively centralized administrative penalty power. In this part, I will analyze the insufficient from ten respects and find the reasons from subjective and objective angles.I will rebuild the system of relatively centralized administrative penalty power from the abstract and concrete aspects in the last part. The measure of abstract aspect is to strengthen the guidance function of general principle and the concrete measures is to mend system itself by legislations, strengthening supervision, improving quality of enforcer, completing hearing procedure, strengthen cooperation with other departments, dividing the range scientifically and so on and so forth.