The Relative Concentration Of The Plight Of The Right System Of Administrative Penalties And Countermeasures

The mechanism of Relatively Concentrated Administrative Punishment Power is a mechanism innovation in China droved by the legal problems aroused with the process of urbanization.The Administrative Punishment Law is for the first time to confirm the legitimacy of executing the administrative punishment power in a Relatively Concentrated manner.Later on,regulations and bylaws have been enacted by the province-level government based on the Administrative Punishment Law.Thus the difficulties concerning the city-management issues are solved effectively,wherein the improvement of the efficiency is significant.However,the resulting legal problems could not be neglected.Based on the social realities and the fundamental theories of Administrative Law,considering the social,economic,political mechanism of China in transitional-period,integrating some concrete materials and information,this thesis tries to comprehensively examine the Relatively Concentrated Administrative Punishment Mechanism. The problems and disputes,dilemmas and reasons during the evolvement and development period of the above-said mechanism are introspected;some possible responding schemes and route forward are proposed as well.This thesis is mainly composed of there main parts:Abstract, Chapters and Conclusions;among which Chapters can be divided into three parts:ChapterⅠ:The general scope of Relatively Concentrated Administrative Punishment Mechanism.Without the footing historical circumstances and social backgrounds,the envisaging of a certain legal system could only be realm of fancy like castles in the air.Therefore firstly this chapter investigates the macroscopically social background of the reform of Comprehensive Law Enforcement Institution as well as the origin and formation of Relatively Concentrated Administrative Punishment Mechanism,after that the changing course of Relatively Concentrated Administrative Punishment Mechanism is briefly recalled. Based on these foundations,this thesis defines and comparatively analyzes the concepts of Comprehensive Law Enforcement and Relatively Concentrated Administrative Punishment Mechanism etc.,in order to sort out the chaos of these conception broadly used.ChapterⅡ:The theoretical analysis of the Relatively Concentrated Administrative Punishment Mechanism.Legitimacy is the basis and pretext for any kinds of legal systems to run soundly.This chapter firstly summarizes and recalls the dispute of the legitimacy of Relatively Concentrated Administrative Punishment Mechanism,then,by deploying the concept of Relatively Concentrated Administrative Punishment Mechanism and based upon the positive legal regulations demonstrates the legitimacy of Relatively Concentrated Administrative Punishment Mechanism in three aspects:legitimacy of the origins of the power of Relatively Concentrated Administrative Punishment Mechanism,legitimacy of the law-enforcement organs,as well as the legitimacy of power-acquiring procedure.Laying this as the foundation, this chapter reached the core features of Relatively Concentrated Administrative Punishment Mechanism----the reconstruction of administrative power and the reorganization of the subject of administration.Furthermore,this chapter conducts in-depth introspection on the legitimacy dilemma of Relatively Concentrated Administrative Punishment Mechanism,delineates the essence, solutions and the meaning reflected by this problem in three aspects:the dilemma of mechanism innovation and mechanism regulation,the antinomy of collection and distribution of administrative power,the conflict and co-ordination of fairness and efficiency.ChapterⅢ:The Analysis of the practice of Relatively Concentrated Administrative Punishment Mechanism.This chapter summarizes the practical difficult position occurring in the practice of Relatively Concentrated Administrative Punishment Mechanism,and then proposes the responding countermeasure.As for the countermeasure,based on the Commitment of Philosophy of "systems theory",not only every basic concrete aspects of the problem should be carefully resolved,but also we should consider the integrity of the Relatively Concentrated Administrative Punishment Mechanism and city-management,macroscopically in the context of China as a "Gigantic Social System",to research and analyze the mutual relationship and the function regularity among these three factors in purpose of providing measures ensuring the mechanism functions soundly.Specially,in this chapter the reason of practical difficulties is attributed to both the subjective and objective factors,which are illustrated in three levels:ideas,institutions,methods and techniques.In the level of idea,it mainly involves the establishment and transition of ideas,including the Service Administration,Democratic Administration, Liability Administration,Due Process,Procedure Justice,Social Autonomy etc.In the level of institution,it mainly includes the core institutions and supporting institutions;as for the core institution,the time is already ripe for enacting a nation-wide unified legal regulations,this thesis elaborates the concrete institutional design on the four sectors of power,subject,procedure and liability;the consummation of supporting institutions may provide a fine institutional circumstances.In the level of methods and techniques,this thesis briefly discusses the application of electronic,digital,girding,networking management as well as the non-coercive administration in the Relatively Concentrated Administrative Punishment Mechanism.