Studies On System Of Comparatively Centralized Administrative Penalty Power

Administrative punishment is not only an important part of the governmentadministrative power, but also a hot topic in the field of administrative management inChina. Relatively concentrated administrative punishment which a system innovationof China’s administrative law enforcement practices is an aggressive improvement ofadministrative system. Nowadays, Implementation of the system of comparativelycentralized administrative penalty power is a trend, but the academic circles on thestudy of the theory of the system is not perfect, in many ways few reference literatureand academic achievements. Due to the lack of sufficient sound theoretical research,the system have some problems in practical operation, can’t form a unified workroutines and specific operation rule, in the design of the system and the practice of thedirection of the big problems, such as research, remains to be further improved.This paper argues that the design and practice of the system of comparativelycentralized administrative penalty power exist a series of problems to be solved: first,this system lack of unified legal basis in the design, in the design process about thedivision of "opposite concentration range, the boundaries of administrative permissionand rectification separation, administrative coercive power is adjusted according tothe power concentration and transfer and other problems also not clearly defined;Secondly, in the operation of the system in our country for more than ten years ofpractice has also exposed some problems, including law enforcement agencies set upis not science, lack of professional business level of law enforcement team, theseparation of administrative power and the system of checks and balances withoutthorough implementation and supervision mechanism are leaky, etc. According to theabove main problems and the causes of problems,In this paper, on the basis ofrelatively concentrated administrative punishment system summary analysis in theory and in practice work, comprehensive study and analysis of the design of the newsystem of comparatively centralized administrative penalty power and operationprocess, on the basis of problems solving in which existing the system operationprocess, puts forward valuable countermeasure proposal, to make a further perfectionof the system. This paper argues that it should from the following several aspects: first,to promote the system of unified legislation; Second, draw lessons from foreign "dualsystem" of restriction mechanism; Third, the construction of administrative lawenforcement team; Fourth, perfect the system of operation guarantee mechanism;Fifth, establish and perfect the department consultation system; Sixth, establish aperfect legal supervision mechanism; Seventh, establish and perfect the system ofhearing procedure. In addition, this article also puts forward the idea of setting up acomprehensive administrative law-enforcement mode, the comprehensiveadministrative law enforcement as a system of comparatively centralizedadministrative penalty power in our country, further practice and development goals.Propulsion of the system of comparatively centralized administrative penaltypower in our country’s operation and development is a long way to work, needing thecountry, the government and people attach great importance to make all efforts tospeed up the operation of the propulsion system of the comparatively centralizedadministrative penalty power.