The Searches And Analasises Of The System Of Relativecentralized Admini Strative Sanction Power

Administrative sanction is one of the main contexts of the administrative law enforcement. The law relation resulted from practice is more complicated, so how well the administrative sanction can be executed directly affects the public and personal benefit. The main administrative sanction system is the basic context of the administrative sanction system. Since the release of the < Administrative Sanction Law>, the main administrative sanction system has been tested by both the law and the practice. The administrative sanction system in China has long been very inefficient.The system of relative centralized administrative sanction is one of the current approaches to solve the complex administrative sanction. In the system of relative centralized administrative sanction, the original distributed administrative sanction power will be executed by only one organ. It consists of four parts: first, the main body which executes the relative centralized administrative sanction power must be an administrative organ. Second, the administrative sanction power must be obtained through certain legal process. Third, it should be relatively centralized, not absolutely centralized. Fourth, the administrative sanction power is the only thing that should be centralized. Ever since the system was first put to use by the Chinese government in 1996 and has been reinforced since 2002, the system has achieved certain efficacy on the grounds of its basic traits: simplicity, unification, efficiency. The efficacies are mainly: 1 The efficiency has been improved by changing the functions. 2. The cost of law enforcement has been reduced by simplifying the organization. 3. The duplicated law enforcement and sanctions are avoided. 4. The responsibilities of law enforcement have been made clear. 5. The strength of the grass roots has been enriched, and their ability to enforce the law has been improved.However, because the system is not perfect, it has not yet completely solved the problem that it is difficult to execute the law and it disturbs common people. The main problems are as follows: 1. It has not completely solved the problem that there are many duplicated organizations; 2. The quality of the law executors is not integrate and comprehensive; 3. Power surpass and abuse occur time to time; 4. New function contradictions are created. Why are there so many causes? The main reasons are: 1. The relative centralized administrative sanction system is not legitimate, including three parts: the source is not legal, the law executors are still under discussion, and the context and range of the law enforcement still lack legal grounds; 2. This is a competition between cost and profit, a revolution that costs a lot of efforts but might bring no positive results; 3. The system at its initial stage is still not perfect, and so it is not a people-oriented revolution.To solve the above mentioned problems and the causes of the problems, the relative centralized administrative sanction power needs to be further improved. The author suggests that the following aspects be taken into consideration: first, the relative centralized administrative sanction system must be legalized, including the qualification of the law executors, and the definition of the context and range of the law enforcement; second, the system must be proved, including the selection of legislative power, which is to have the law legislated by the National People's Congress; and the systematic and comprehensive legislation, which is to overall improve the system, make clear not only the law executors and their corresponding authority, but also their executive procedure and matching law responsibilities.Third, the transformation administration management idea, the change administration law enforcement way, achieves truly "humanist".The work to consummate the relative centralism of the administrative sanctions power system is heavy responsibilities, along with the national valueable and all people's legal system consciousness unceasing enhancement, we believe this system can become our country's sharp scenery line inevitably of the administrative legal system.