On The Establishment Of Administrative Punishment

The existence of administrative punishments is to resolve conflicts between public power and private rights, to balance conflicting roles. It has been a period of time in China that the practice of administrative punishments appeared chaos and indiscriminate because the establishment of administrative punishments is not standard. After the promulgation of The Administrative Punishment Law, the situation has been effectively curbed, began to embark on formal legal system of administrative punishments gradually. Nowadays, The Administrative Punishment Law has gone through for16years. The emergence of new things and new contradictions increase the difficulty of my government’s administration by law. People strengthen legal consciousness increasingly forward new demands on the practice of administrative punishments. In order to further improve and develop the establishment of the administrative punishments system in China, We need to re-examine the establishment of administrative punishments, it is necessary for us to reflect deeply and explore on the establishment of administrative punishments with the current social about legal deficiencies and problems, to promote creating the establishment of administrative punishments that is scientific, reasonable and executable, effectively upholding the rule of law and fair to protect law enforcement benefits.The whole paper is divided into four chapters. The first chapter mainly discusses the establishment of administrative punishments background, meaning and essential attribute, analyzes the main existing problems according to the establishment of administrative punishments; The second chapter mainly analyzes the main existing problems about the establishment of administrative punishments of legislation, and elaborates the enactment of a few kinds of special legal documents about administrative punishments; The third chapter discusses the establishment of administrative punishments of Rules, expounds the Rules of the legislative authority, and demonstrates the legality of Rules about administrative punishments. The fourth chapter finally proposed Autonomous Decrees, Special Decrees and Special economic zones legislation in the administrative punishments about the establishment of the missing. For the special legal status of Autonomous Decrees, Special Decrees and Special economic zones regulations and rules, further discusses problems of the establishment of administrative punishments.