The Research On Effect Of Administrative Penalty Entrust

In the past, our country government functions always followed a "many and wide " mode, these would cause adverse effects, that is a number of administrative agencies confused and overstaffing .With the current public's requirements that the governments should streamline personnel and cut spending growth ,now the governments can not again afford all kinds of administrative affairs, but need to adjust the administrative functions to widely rely on social organizations and individuals to participate the management of society. Under the big background, administrative entrusts are comprehensively used by administrative organs because these can extend administrative means to make the administrative goals and can make full use of all social forces to involve in management so as to effectively save administrative cost and improve the administrative efficiency. With the development of the administrative entrusts, at the same time, we also want to realize soberly : at present, many administrative organs are not in accordance with the provisions of the laws to make administrative entrusts, some entrusted organizations in the process of implementing administrative acts abuse the power, which must surely be detrimental to the lawful rights and interests of citizens, and influence the social harmony and stability. In this paper, the author puts the effect of administrative penalty entrust which is a very important aspect of administrative entrusts as the research object ,through analysis of the event that happened in August 2011, railway traffic police stuck tickets in Beijing South Station to lead thinking about the effect of administrative punishment entrust, then makes a tentative study of the effect of administrative punishment entrust .This text is mainly divided by the following five parts:The first part, the thinking led by the event that railway traffic police replaced the traffic police to stick tickets. This part through analysis of the event that happened in August 2011, railway traffic police stuck tickets in Beijing South Station, to define the act and judge the effectiveness of the act, then raises a series of thinking about the effect of administrative punishment entrust.The second part, overview of effect of administrative punishment entrust. This part combs the effect of administrative punishment entrust, including the meaning, the basis, the composition and the effective elements.The third part, the dilemmas encountered by the effect of administrative penalty entrusts. Our effect of administrative penalty entrusts encounter common dilemmas, including plights of legislation and enforcement. These dilemmas will cause damages to the effect of administrative penalty entrusts, are extremely adverse for administrative punishment entrust system .The four part, the reasons for dilemmas. The reasons for dilemmas encountered by the effect of administrative penalty entrusts are complicated, including: (1) relevant legislative bodies are lack of attention; (2)the conflict of interests under the agencies; (3)executive order instead of legal thinking; (4) lack of benign supervision mechanism ;(5)lack of necessary respect for procedural justice .The five part, the idea about security of the effect of administrative penalty entrust. The security not only must comply with the basic law spirit, and also should be based on the realistic situation in China. Top priority is to make addition to the relevant legislation, and to strengthen the administrative relief and the judicial relief for protecting the lawful rights and interests of the related subjects.