Exercise Administration Relatively Concentrated Administrative Punishment Research

The supervision and administration of production safety department is Chinese government direct composition department, main responsibility is responsible for dangerous chemicals industry, the coal mine industry and fireworks industry examination and approval, the approval and supervision; At the same time, the production safety law but also given the production safety supervision and administration departments of the work of production safety comprehensive management.Our country many administrative departments responsible for safety production management responsibilities and safety production existed between law enforcement and department overlapping functions, in line with the state to exercise relatively concentrated administrative punishment system range: only if there law enforcement, overlapping functions area of can be concentrated administrative punishment. At the same time, in order to the work of production safety, the state council issued a "the state council on further strengthening the work of production safety enterprise circular (guo fa [2010] no. 23) file, can say the supervision and administration of production safety in production safety departments exercise category of relatively concentrated administrative punishment, is the needs of The Times. China's relevant laws and regulations of the administration of production safety supervision and administration department in the administrative punishment to authorized. Such as "the production safety accident investigation and report regulations" (the state council the 493 order) specific provision "of the provisions of these regulations, the administrative penalty of a fine by the supervision and administration of production safety department decisions". The supervision and administration of production safety department accord with the main body of the exercise of concentrated administrative punishment requirements: first of all, the supervision and administration of production safety department is composed of the government directly administrative organs; Second, the supervision and administration of production safety department had been in their own name the foreign administrative law enforcement, has the independent legal status. The supervision and administration of production safety in production safety departments exercise fields relatively concentrated administrative punishment on a city management field exercise the power of pattern for according to the actual production of safety and in our province, implementation of "province vertical management, ShengJu sent in" mode. Through the government authorized to determine, in the original scattered supervision over the work safety responsibility department responsible for the safety of the centralized power production, unified supervision and administration of production safety department to focus on exercise; To straighten out safe production and responsibilities to subordinate, really reflect "apanage management" principle, the original by the province of work safety supervision and administration of the administrative permission exercise lowered down to the city and county.The supervision and administration of production safety department relatively concentrated power also need to exercise in legal form a complete set to work, and make the necessary restrictions on the executive branch, the introduction of the judicial process, appropriate judicial authorities allowed prior intervention administrative penalty.