The Relative Concentration Of The Power Of Administrative Punishment System Reflection And Reconstruction

Relatively concentrated administrative penalty is the outcome of the reform of administrative enforcement institution. As the reform measure in the realm of superstructure, it has deep background of constitutional government, legal institution, personal right protection, and institutional reform. The system turns to march from experimental unit to extension during the past 10 years, so far already developing in almost 300 cities. Following the traditional governmental self-designs, depending on the governing patterns, such as the carrying out of dyadic administrative means, relatively concentrated administrative penalty right system, from the beginning of establishment, was short of sufficient support of legal principle, system designs and pratical carrying out disobey the statutory of the authority of office and the priority to the law, the contradiction between the legitimacy and innovation the prohibits the carrying out of the work of relatively concentrated administrative penalty. Wielding synthetically of legal principle analysis and demonstration analysis, this paper summerizes and analyses the 10-year legal practice of this institution all round objectively. Suggest that system reforms needed the reaching target of deepening the reform of administrative enforcement institution , proposed in State Council's "the all-round propulsion performs official duties according to law putting outline into practice", is to accelerate the building-up of administrative enforcement institution, making it to be well defined power and responsibility , behavior legal, superintend effective, logistical support adequate. Although the relatively concentrated administrative penalty right system have many problems, the practice proves that the reform of relatively concentrated administrative penalty right system is successful, and it is to be worth being extended and being carrying out further. At present and even a period to come , the main direction of administrative enforcement institution reform is the matter of administrative penalty system and being how to deepen the work of relatively concentrated administrative penalty right. Dealing with the legal pratice of relatively concentrated administrative penalty right, this paper offers original opinions about the carrying out of relatively concentrated administrative permission right. finally this paper brings forward the train of thought to solve the problem, that is to say we should deal well with the relationship between the legitimacy and innovation, sharpen legislation, perfect supporting system, enforce the law synthetically, insist on the legalization of administrative enforcement institution reform, meanwhile, we the change idea, improve administration enforcing the law being to cut off the innovative effect starting from when way, makes this one system can really to the system driving our country administration to enforce the law.