Legal Analysis On Chengguanfs Power Of Relatively Concentrated Administrative Punishment

A series of researches have been made on the system of power of relatively concentrated administrative punishment, but most of which focus on practice and operation,and the theoretical research in legal aspects is relatively weak. The goal of the system of power of relatively concentrated administrative punishment in China is to solve administrative law enforcement problems, such as multiple law enforcement, overlapping responsibilities and repeated punishments. The pilot project has been 19 years since 1996,but because of the insufficient prepare of theory on pilot project, and the theoretical study not being followed up enough in the process of the practice, makes the theory to support the system become soft spot. Jump out the framework of the traditional research on the system,this paper mainly analyzes the system in the theoretical level, through the following four parts.The first part describes the research background of the system of power of relatively concentrated administrative punishment. Based on the carding of theoretical background and the grasping of realistic problems, the article’s research ideas and research methods are set up. The second part makes analysis around the question what the "Chengguan" is.Through expounding and summarizing the historical development of the Chengguan,Chengguan’s triple meaning is generalized, that is urban management activities, bodies of urban management and system of urban management. In today’s special social and historical conditions, Chengguan which is often mentioned by the public has been endowed with new meaning, referring to the comprehensive law enforcement authorities who exercises the power of relatively concentrated administrative punishment. But modern typical Chengguan still has much relationship with its generation and development history.Then, the paper focuses on the nature of the power of relatively concentrated administrative punishment, the scope of power being covered, the extent of concentration of power, the relationship with the original administrative authority after the power has been concentrated,and the problem about the the ownership of the power of administrative compulsory measures and administrative compulsory enforcement.The third part analyzes the legitimacy, rationality, efficiency and consistency with the policies of the system of power of relatively concentrated administrative punishment, and summarizes and analyzes therelevant academic arguments, and finally puts forward my views. The fourth and fifth parts are geared to the main problems produced in the process of the implementation of the power of relatively concentrated administrative punishment. Based on the theory analysis and theory of bedding made through the former three parts, using the related theory knowledge to analyze on the causes of the problems and try to explore the countermeasures to solve the problems.