Establishment Of Administrative Sanction Prescription System Of China

How to supervise and restrict the Executive power effectively, which has inflated day by day, had been a focus in the field of Administrative Law researching at home and abroad. History that the western country made use of administrative procedure to control the executive power has been already very long, and the result was remarkable. As an important part of Administrative Procedural Law, its value nature was not allowed to be neglected. The content this article studied was the administrative sanctions ruling prescription system. The administrative sanctions ruling prescription system was refers to that after discovering illegal activity, the subject of administrative must make a sanction in the legal time, otherwise, punishment is not allowed. It is one kind of the administrative sanctions prescription system, together with investigation prescription and the execution prescription which was belonged to the administrative sanctions prescription institutional framework. It was made a grate effort to protecting people's right to know, limiting willful and delay achievement what administration subject do, and fulfilling the procedure prompt principle and realizing the value of procedure justice finally. The administrative sanctions prescription system's research in our country was a weak link in administration procedural law field. At present, there was no comprehensive consummation theory discussion and the exhaustive elaboration of The Administrative Sanctions Prescription system in our country's academic circle, either was relative legislation in our country.This article that took "The Du Baoliang Case" as an quotation, simultaneously unified other typical cases, utilized comparative analysis method together with the empirical analysis method, elaborated related theories and the necessity of system construction. By inspecting the situation of prescription legislation, this article concisely proposed concrete designs about administration ruling prescription system's construction.The article divided into four parts, the preface and the main text altogether: In the preface, taking a influence case occurring in 2005 in our country -- "Du Baoliang case" as the example, drew out the reality ponder about administrative sanctions ruling prescription system construction.I . Obtained from the administrative sanctions authority nature, analyzed the related concept, the characteristic and the essential factor, and carried on the value analysis to the administrative sanctions ruling prescription system's establishment from macroscopic, the intermediate perspective and the microscopic aspects.II. Through inspecting the overseas administrative sanctions ruling prescription system's legislative situations, provided uses for reference for our country.III. Provide the suggestion about administrative sanctions ruling prescription's legislations, from the principle of design, the deadline length, deadline ceasing with interrupts, beginning spot and legal consequences aspects and so on.