Comparative Research On Administrative Penalty Of Drug Administration Between China And America

Administrative Penalty is an important and old executive power that the executive authorities owe in today's society. It has become an important administrative enforcement and punishment method, widely used in executive management society. China and the United States are different in traditional cultural background, which led the two countries to be different in the concept of administrative penalties, meaning, forms and procedures, and so on.The appellation of administrative penalty in different countries is not the same one. The Civil Law System countries call it as "administrative sanctions", while the Common Law System countries generally refer it as "administrative punishment" Due to the considerable differences between these two conceptions, they are not the same concept but only the similar reference. Traditionally, people generally think that the Civil Law System of administrative sanctions refers to the sanction of violating administrative law obligations. In Common Law Countries, the executive authorities in theory is not part of the executive body of the privileges of punishment, because they have strict adherence to the judicial and administrative boundaries. Of course, in some special areas, the executive authorities actually are given a certain amount of punishment, but mainly limited to fines.However, since 1887, the U.S. established the first independent administrative institutions-the Interstate Trade Commission, an independent regulatory agency which has been given great power, combining legislative, executive and judicial authority, including the relative human administrative punishment. Until the early 20th century, such institutions have been dozens in the United States, including the U.S. Food and Drug Administration (FDA). Moreover, this punishment is no longer the traditional concepts of the little fine power, but the powerful punishment right. Currently, the administrative punishment research of the United States is not so much, and the U.S. drug regulatory areas administrative penalty is even rarer. The author intends to compare the administrative penalties between China and the United States in the food and drug regulatory system, such as the administrative penalties definition, legal origin, punishment and procedural issues. Hope it will benefit to Chinese current food and drug regulatory system.