Identification Of The Serious Circumstances In Administrative Penalty

Identification of the serious circumstances in Administrative penalty is an important part of the implementation of the administrative penalty, not only relatively independent content, but also a very important influence for the application of administrative punishment and the specific types of penalties or punishment range of options , and thus relates the legitimate rights of the perpetrator. However, in the 1996 promulgation of the Administrative Punishment Law do not see the serious circumstances in respect of some only relief, the provisions of extenuating circumstances. At the same time, domestic scholars seldom have the research and systematic exposition, which led to this important research in the field of long-term neglect and forgotten. Thus, in theory, the study of administrative punishment is not so complete, the scope of the study is not refer each of the administrative punishment's areas. In practice, due to the lack of theory and legislative support, and the main result of law enforcement in specific law enforcement process that often appear in the serious circumstances that can not indiscriminately or that the occurrence, resulting in violations of the indulgence or to the legitimate rights and interests of the against.Therefore, I make identification of the serious circumstances in Administrative penalty as the research thesis, in the substantial administrative punishment, meanwhile, hope to provide some specific suggestions and inspiration for the legislation of Administrative penalty and law enforcement, as well as for the further development of administrative punishment law.This paper is divided into four parts, mining parallel mode, each part of the paper talks the different aspects of the serious circumstances in administrative punishment.The first part focuses on the conception of the serious circumstances in administrative punishment, and its classification and the form of the performance in the Legislative, what started around that, the solution that is the object of the problem, the only clearly identified targets, the contents can start Below . This part is the body content of Identification of the serious circumstances in Administrative penalty, but also the centre content.The second part focuses on the main of the identification of the serious cases in the administrative punishment, who is identified around which the right of the main administrative punishment for the serious circumstances that started in 1996 and the introduction of the Administrative Punishments Law of the time, respectively Analysis on China before and after the administrative penalty in serious cases that the main body of reference at the same time on the administrative punishment in a foreign country aggravating circumstances that the main system, with a view to promoting China's Administrative Punishment serious circumstances that the main change.Partâ…¢focuses on the principle of identification of the serious cases in the administrative punishment. As the administrative penalty in serious cases identified in a large number of free exercise of the discretion of the field, law enforcement agents in those areas how to exercise their discretion to carry out the serious circumstances that have become the focus of attention. In serious cases that is primarily used to regulate and guide the main law enforcement in serious circumstances in the correct and that the exercise of reasonable discretion.Partâ…£discusses the procedure of identification of the serious circumstances in Administrative penalty. Including the simple procedures, the general procedures and hearing procedures, in the analysis of the relevant issue for these procedures, at the same time, made a number of recommendations, in the hope that the norms for the main aggravating circumstances at the same time that the relative protection of the legitimate rights.