Studies On The System Of Relatively Centralized Administrative Penalty Power

The relative concentration of administrative punishment system is "The People's Republic of China Administrative Punishment Law" established a new legal system, the system is in place aimed at addressing the widespread field of administrative law enforcement long law enforcement, repeated law enforcement, law enforcement nuisance and other issues. Since the system began to experiment, after 10 years of practice, made some achievements in advancing and deepening administrative reform in China has great significance. But we should also see that in the process of implementation of the system there are more problems, the fundamental reason lies in the relative concentration of administrative punishment system, the lack of the necessary theoretical support, it is necessary to theory of relative concentration in administrative law administrative punishment system, the theoretical analysis, while the problems with the practice of combining, the only way this system can be more scientific and rational.In this paper, the relative concentration of administrative punishment system, analysis of relevant issues and put forward some opinions and suggestions, text is divided into three parts, the first part of the relative concentration of the basic theory of administrative punishment. The second part is the relative concentration of administrative punishment system in our practice. The third part is the relative concentration of administrative punishment system of theory and practice problems. The fourth part is the improvement of the relative concentration of administrative punishment system.The first part is the relative concentration of the basic theory of administrative punishment. This section mainly describes the relative concentration of the concept of administrative punishment system, characteristics, and the system produces the theoretical basis and legal basis. The relative concentration of administrative punishment system is the administrative system in an innovative system refers to the number of the punishment of the executive together, unified by an executive body to exercise, the relative concentration of administrative punishment, the relevant administrative authorities shall not exercise unified by an exercise of executive power of administrative punishment. Its nature is of secondary distribution of administrative punishment. Through the secondary distribution, to overcome the existing decentralized system of administrative penalties drawbacks. Relatively concentrated administrative punishment system to control balance theory, the right to administrative law theory and its foundation, it is both reasonable and effective control of the administrative punishment, also the power to prevent power abuse and corruption rolled,so that the legitimate rights of citizens not only effective Protected, but also achieved the purpose of administrative penalties. The supreme law is based on "The People's Republic of China Administrative Punishment Law" Article XVI, "the State Council or the State Council authorized the provinces, autonomous regions and municipalities may decide one administrative organ to exercise the executive authority of the administrative punishment, but the restriction of personal freedom of the administrative penalty rights can only be exercised by the public security organs." This provision is an enabling provision that administrative punishment by law the qualification awarded by the State Council restructuring. We also should pay attention to distinguish between the relative concentration of administrative punishment and comprehensive administrative enforcement of the law are two different concepts, the relative concentration of administrative punishment is "Administrative Punishment Law" as a basis for some of the relative concentration of administrative punishment, and administrative enforcement is in a relatively centralized administrative punishment based on the reform of the administrative law enforcement work, innovation. Despite the relative concentration of administrative punishment and comprehensive administrative law enforcement power in the content, values and goals held in common, but still two different concepts, We must correctly analyze the similarities between the two different points to the relative concentration of administrative punishment system as the starting point, vigorously promote an integrated law enforcement system.The second part is the relative concentration of administrative punishment in our system of practice. The relative concentration of administrative punishment system after 10 years of development, and achieved certain results, and its development can be divided into three phases:the pilot start-up phase, the pilot and the pilot turned positive on standardized period. These three stages can be divided into three operating modes, the first based authorization, a new executive, devoted to the exercise of administrative punishment. The second is based on authority, will focus on the existing functions as the main body of the exercise of administrative punishment. The third is based on authorization from the existing functions of the department consists of agency or escrow agency focused on the exercise of administrative punishment. The management system of governance for the city concerned type, the urban form and the area condominium, condominium way street. The relative concentration of administrative punishment system, after years of development has achieved some success, the first preliminary field of urban management to resolve the long law enforcement, punishment and law enforcement nuisance to repeat such issues as the level and efficiency of law enforcement has been significantly improved. Second, the initial implementation of the management, processing power and supervision, adequate separation of the right punishment for the reform of the existing administrative system has accumulated valuable experience. At the same time, in some certain extent, the formation of a new law enforcement system, establishing a government to law enforcement image.The third part is the relative concentration of administrative punishment system of theory and practice problems. Relatively concentrated administrative punishment system, run the process to obtain certain results, but there were also some problems remained to be resolved, such as in the theory of relative concentration of administrative punishment system, contrary to the terms of legal principles. In practice the scope of the system, the overlap of duties, law enforcement personnel, implementing agencies set up and implementation of monitoring and so there are more problems. The question's appearance, has hindered the relative centralism administrative sanctions power system's development, so long as but we can pay attention to the summary in the theory and the practice and innovate unceasingly, the question will obtain the effective solution.The fourth part is the improvement of the relative concentration of administrative punishment System. The development of a new system will not be easy, there will be this kind of problem, but as long as we take effective measures, the problem will be a good solution. For relatively concentrated administrative punishment system in existence, we should take the following measures:(one) specification of relatively concentrated administrative punishment system of legislation; (two) improve co-ordination mechanism among departments; (three) improve the enforcement procedures; (four) improve the law enforcement ranks, the establishment of a high-quality law enforcement personnel; (five) improve the supervision mechanism set up an accountability system fault. I believe that through the use of these measures, the relative concentration of administrative punishment system, the problems will be effectively addressed, the more perfect the operation of the system and create favorable conditions.