The Relative Concentration Of The Power Of Administrative Punishment System Study

The article 16 of Administrative Punishment Law establishes the system of relatively concentrating administrative punishment power, which has an important bearing on the change of administrative execution system and is an important signal of administrative law developing into a higher field. However, there exist many problems in the operation of this system of administrative punishment power. The fundamental reason lies in the lack of theory of relatively concentrating administrative punishment power. Thus, it is necessary to analyze it theoretically on the basis of the theory of administrative law, draw a conclusion from the practical operation, and through analysis propose a rational system of relatively concentrating administrative punishment power. The point of this system lies in the fact that it can be legalized, systemized and effective comprehensively, with the judicial organ intervening in the administrative punishment so as to change the actuality that the administrative punishment organ exclusively executes the administrative punishment. It accords with the trend of international rule of administrative law. This essay explores the relating issues about the system of relatively concentrating administrative punishment power, and proposes some thoughts about how to perfect the theory and practice of rule of administrative law. This essay studies system of relatively concentrating administrative punishment power through the methods of analytic demonstration and others.The relatively concentrating system of administrative punishment power is a legal system that, with the administrative punishment power of different administrative organs concentrating, is executed by one administrative organ independently. The core of this system is to make the administrative punishment power executed by a special or professional organ rather than administrative organs. After it is concentrated relatively, some administrative organs cannot execute the concentrating power of administrative punishment. The relatively concentrating administrative punishment power came into being under the legislative background of "administrative punishment law", the background of protecting the private rights in the market economy, administrating by law and reforming the organs. The relatively concentrating administrative punishment power, presently effective in 8 aspects in the city's administrating field .After the establishment of system of relatively concentrating administrativepunishment power, it gains some effects in the field of the law administrating efficiency and strength, the law administrating mechanism and its team visage, as well as the proper separation of power of administrating, examining, approving and supervising. Meanwhile it also has many problems such as the lack of cooperation among the functional branches, the lack of exterior supervision and trade criterion, as well as the ex parte separation of power of administrative examining and supervising etc..The operation problem of relatively concentrating administrative punishment power is generated mainly because of the insufficiency of theory preparation: the insufficient analysis of feasibility, which is unable to design the system through the thorough analysis from the original root of chaos and weakness in administration; the deficiency of basic theoretic demonstration of balance theory, which is the basic administrative theory of relatively concentrating administrative punishment power. The relatively concentrating administrative punishment power neither accords with nor realizes the separation and balance of administrative power. Its legal grounds and that of the government organizational law are both insufficiently authorized and incomplete; the status and original power of the administrative subject of relatively concentrating administrative punishment power are both indefinite. In a word, many opinions towards the legal attribute of relatively concentrating administrative punishment power need to be discussed.The lack of theoretic preparation of relatively concentratin...