The Studies On Relatively Centralized Administrative Punishment System From The Perspective Of Human Rights

Administrative penalty as an important field of exercise of public authority, theadministrative body to achieve administrative goals of the basic means for the basiccharacteristics of mandatory and profit and loss. From the perspective of lawenforcement, the administrative penalty is a kind of legal sanctions, the specificadministrative act "refers to the relative administrative authority or otheradministrative body in accordance with the statutory authority, the program inviolation of administrative law norms, not yet constitute a crime shall be givenadministrative sanctions. Therefore, we can see that the Administrative PunishmentLaw, the administrative counterpart of personal rights, property rights has asignificant role, especially in the executive authorities in the enforcement process, ifthere is a little bit of error or abuse of authority, will affect the administrativerelatively the realization of the rights and interests.China for the protection of human rights, the law explicitly provisions, theConstitution provides for protection of human rights, but no specific safeguards. Forgeneral law for the protection of human rights are not very clearly defined. Inadministrative law, safeguard the legitimate rights of the administrative counterpart,mainly in administrative proceedings after the relief, to establish the relativeconcentration of the power of administrative punishment system is conducive to theabuse of rights, to avoid penalties before the occurrence of multiple law enforcementand other, in order to protect Chief relative to the legitimate interests are not infringed,and thus avoid the infringement of human rights.Relatively concentrated administrative punishment system is put forward, whichaims to explore and establish socialist market economic system to adapt theadministrative management system and administrative law enforcement mechanism,improve the efficiency of the administrative law enforcement and the level, to protectcitizens, legal persons and other organizations of the legitimate rights and interests,safeguard and promote the development of the social productive forces. Because ourcountry administrative organs in the administrative law enforcement to some problems: because the authority of the administrative organs overly dispersed theduties and responsibilities of the cross, more law enforcement phenomenon common,each administrative organ repeat punishment, to the administrative relative person andthe third person’s legal interests have caused a great loss. Nuisance law enforcement isserious, the presumptive legality of administrative organs have also been very bigeffect.This article mainly from the perspective of the protection of the rights as astarting point, explore the administrative punishment in today in the process ofpractice of public power and the private rights configuration, and emphaticallyanalyzes our country relatively concentrated administrative punishment system inbalance the two relations that play the roles in the process o f practice and theproblems caused. And then combining with the current legislation and supervisionmechanism and the party and the realization of the right to participate in relief,relatively concentrated administrative punishment for the improvement of the systemof private rights and perfect the system of the relief to put forward some ideas.