A Case Analysis Of Administrative Penalty Entrust In China

There is a wide range of administrative affairs in China, administrative entrustment as a means of administrative organization to achieve administrative goals, which fully rely on the social organizations and individuals to participate in social management, improving the administrative efficiency. Administrative penalty entrustment system is unique in China, which helps the administrative organizations to solve the practical difficulties of human, material and financial resources shortage in administrative punishment, but abuse the power also exists in the process of implementing administrative acts which detrimental to the legitimate rights and interests of the administrative relative person. In this paper, through analysis of the event that happened in August2012, fines commission to the environment supervisors in Shaoyang City, Hunan Province, which leads to some thinking about the administrative penalty entrust in China, and make recommendations to improve this system.This text is mainly divided by the following four parts:The first part is mainly about the event that happened in August2012, fines commission to the environment supervisors in Shaoyang City, Hunan Province. Bring the focus of disputes in the case.The second part explains the administrative penalty entrustment system in China, and analyzing the focus of disputes in the case.The third part describes the plight of administrative penalty entrust in China. The problems are embodied in legislation and law enforcement. The main problems of legislation on performance in the authority of administrative penalty entrust is not clear, the procedures of administrative penalty entrust as well as the concept of Administrative Entrustment and administrative authorization is not clear; the main problems of law enforcement on performance in the administrative organizations abuse the power, the entrusted organizations abuse the power of administrative penalty, the administrative organizations failing to exercise effective supervision and the responsibility of administrative penalty entrust is not clear.The fourth part puts forward the idea of improving the administrative penalty entrustment. In order to resolve the defects of administrative penalty entrust, the relevant legislation need to improved, the procedures of administrative penalty entrust must be prescribed by law, establish a supervision mechanism of administrative penalty entrust, also needs to improve the system of administrative reconsideration, for protecting legitimate rights and interests of the related subjects.