Relatively Centralized Administrative Punishment In The Study

The power of administrative punishment is one of the main powers of a dministrative management. It' s the main instrumentality by which the gov ernment administers the country and the society. Thinking about the actua 1 rules and laws exiting many faultiness, such as superposition in author ity, superabundance of staff, low-efficiency and unlawful administration,and so on. It has blocked the deeply rebuilding of the administrative ma nagement system. Yet the modification of the law and the rules must folio w in order and advance step by step, and it can? solve the entire problemabove. March 17,1996, the eighth National People's Congress pass a law named ((The law on administration punishment)) the fourth meeting. In thi s law the sixteen item ordain:" the state department or the provincial g overnment, the municipality & the municipality directly under the CentralGovernment which be authorized by the state government, who has the righ t to exert the power of administrative punishment. But only the police ha s the right to restrict people' s freedom. " In other words, the state de partment or the provincial government, the municipality & the municipalit y directly under the Central Government could centralize the power of adm inistrative punishment which we called comparative power of administrativ e punishment. It means that follow a certain procedure, centralize the po wer of administrative punishment to one government. This system rebuild o f administrative management is very necessary during the period of juniorsocial democracy. It reflects that the governments have made a stepwise progress, from personal to impersonal, from reasonable to legal, from adj usting the authority to consummate the law when executing the law. Duringthe passed eight years, we have got many achievements, such as advancingthe stuff, reducing the cost, enhancing the efficiency, and so on. But t here still exist many problems. This article aims to look back how the co mparative power of administrative punishment comes into being, what it de pends on in the theory and have a summarization on the practice. Especial ly refer to the problems exiting aims to give some viable suggestion. Hop e to promote the development of the comparative power of administrative p unishment...