Difficulties And Solutions Of Administrative Penalties

In China, the legal effect of administrative punishment of concern, not only to maintain social order, but also safeguard the rights of citizens and legal persons. Administrative penalties involving property rights and personal rights of citizens, only reasonable use, will have a positive impact on society. Therefore, we must be standardized system of administrative penalties under the rule of law. "Administrative Punishment Law of People’s Republic of China" is the March 17,1996 at the Fourth Session of the Eighth National People’s Congress passed the. "Administrative Punishment Law" for nearly 20 years, a fundamental stop the arbitrary institution card, arbitrary charges, fines phenomenon, effectively promoting the rule of law and administrative law government processes, and effectively protect the fundamental rights of the citizens of the community. However, in the implementation process has gradually exposed some problems, such as the existence of the legislation itself, conflict, is inconsistent with other laws; practice and legislative requirements in effect penalize gaps, avoid the provisions of the Administrative Punishment Law, the body is not standard, statutory penalties procedures have not been effectively implemented, the lack of standardized discretion; monitoring and accountability mechanism is not perfect, and so on. For more effective adjustment of social relations, it is necessary for the "Administrative Punishment Law" further analysis and improvement.Administrative punishment in many countries of the world today is an important legal system worthy of attention from the situation in terms of development and implementation. Take for example the German code-style legislation, the provisions of the General, administrative order illegal content specific behavior, such as administrative punishment procedures and Supplementary chapters; Japan administrative penalties no unified, comprehensive regulations, but by a single law of criminal law and individual respectively provisions made in individual areas; administrative penalties and Western countries of Hong Kong, Macao and Taiwan regions also have very similar compared to the place. Given the difficulties currently faced administrative punishment, our urgent need to study it. Therefore, we must learn from the experience of the system outside of the country and Hong Kong, Macao and Taiwan regions, and improve the existing administrative punishment legislation, strengthen administrative punishment law enforcement standards, improve oversight and accountability mechanisms is a priority.In this paper, the basic concepts and features of administrative penalties, combining the relevant legal basis for the practice of administrative penalties in the operation of generalizing to the practice of administrative penalties in the plight of the starting point, the analysis of administrative punishment legislation Problems inadequate supervision and disadvantages, and the practice of accountability mechanisms, combined with aspects of administrative penalties, other countries, learn from the successful experience with proposed penalties of administrative difficulties from several aspects relevant legislation, law enforcement standards, oversight and accountability mechanisms the solution. I hope this paper, the implementation of administrative penalties in the future contribute modest force recommendations.