Research On Relative Concentration Of Administrative Punishment In Cultural Market Management

In recent years, China is very concerned about the state of development of the field of culture, and efforts to promote the development and prosperity of socialist culture. China’s attempt at a new starting point up to promote the management and protection of our culture, and also put forward new requirements for the management of the cultural market and the original decentralized administrative penalty system has been unable to meet the new situation, the original mode of enforcement penalties serious bull law enforcement, efficiency not high. Shanghai cultural market management, for example, focuses on the relatively concentrated administrative punishment right system implemented in the field of culture, such a centralized system of administrative penalties as a new means of enforcement, Shanghai cultural market management has played a significant role, while its running there are also many problems, we need to conscientiously sum up and think on the basis of theory and practice to find a way to improve. This paper to identify the cultural market management in the implementation of relatively concentrated administrative punishment right the problems, causes and improve the strategies and ideas to build. The body of the article is divided into three main parts, as follows:The first section describes the relatively concentrated administrative punishment rights in the management of the cultural market. First describes the background and reasons for the establishment of a relatively concentrated administrative punishment right in the cultural market management. I believe that the main cultural market management in administrative penalties are not strong in the past, the administrative penalty chaotic management of the cultural market in the past, the past cultural market management is decentralized administrative penalties are three main reasons, In addition to the direct cause analysis; followed by analysis relatively centralized administrative punishment in the cultural market management established purpose, that punishment right of approval and enforcement powers to phase separation, streamlined, unified, and the performance of institutional settings, complete aspects of the punishment of the powers and responsibilities of the unity of power and interests; three of the management of the cultural market is characterized by relatively concentrated administrative punishment right exercise of the relative concentration of the subject of the right of administrative punishment the cultural management functions of the executive authorities, centralized administrative punishment right. This concentration is relatively concentrated, this relative concentration of powers must be obtained through legal proceedings, this concentration of power shall not conflict and exclusive right to administrative penalties; Finally, the relative significance of centralized administrative punishment in the management of the cultural market.The second part is relatively centralized administrative punishment in the cultural market management system Analysis-The Case of Shanghai. First Shanghai cultural market implementation of the results achieved in relatively concentrated administrative punishment right. Basically solved the problem of duplicate law enforcement in cultural management, duplicate penalty, improve the quality of law enforcement significantly; basic separation of management rights, the right of approval, supervision, punishment right; formed to some extent a new enforcement mechanisms; greatly reduce the cost of the cultural management in the field of law enforcement; greatly improve the level of cultural management in the field of law enforcement; followed by the description of the relative concentration of the main problems of the Administrative Punishment Right in the cultural market management. Demonstrated lack of effectiveness in a relatively concentrated administrative punishment right cultural management, specific mode of existence, the field of culture within the relative concentration of the scope of the right of administrative punishment is excessive, punishment centralized enforcement concentrated situation, punishment mandatory in a centralized peeled off the centralized punishment Discretion use problems, focus on punishment right running mechanism is imperfect, the problem of the external environment; final analysis of the cause of the problem, which is not strong normative legislation, administrative objective existence of the problem of insufficient system has not kept up punishment"centralized" within the cultural field of administrative law enforcement team management is not standardized, and poor coordination between the various sectors of the market management, not profound understanding of the concept of performance appraisal system is imperfect.The third part is the management of the cultural market is relatively concentrated administrative punishment system perfect. First, I believe that to establish the basic principle that the people-oriented principle, the principle of the rule of law, principles of normative; Second is to improve the cultural management system of administrative penalties in terms of laws, regulations. The third is to run a sound cultural management mechanism. A profound understanding of the significance of the relative concentration of the punishment, that is, to clear the legal status of the exercise of such punishment authorities, coordination of this relationship between centralized the punishment authority and lateral departments; fourth is to improve the cultural management is relatively concentrated administrative punishment right specific measures, that is clearly focused on the subject of the right of administrative punishment, clear the responsibility of law enforcement officers to improve the examination system; fifth restrictions centralized administrative punishment in discretion; sixth, improving the quality of law enforcement officers.