Research On The Problem Of Administrative Organs To Reduce The Punishment

In the real practice of Administrative Enforcement of Law, through lots of cases can found administrative organs to reduce the implementation of punishment exists, which included for mitigating legal, also there is no lack of to reduce the punishment of illegal for.Administrative organs to reduce the punishment is usually carried out according to three criteria, one is illegal if the circumstances are minor, second is the lack of awareness of illegal behavior, violations of people to repentance. The illegal circumstances can be divided into minor and slight, slight and slight, each level has different standards to determine. The lack of knowledge of the person in violation of the law refers to the lack of accurate understanding of the person who is under the age, the body, or by the lure. An offender repentance performance refers to cooperate with the investigation, the meritorious service etc.. But for the administrative organ to implement reduce punishment, often still because of the reality, such as due to the difficulty to choose the applicable law, to demand for justice in a case, in order to complete administrative tasks and for the relative people of the administration of anti law behavior of compromise. For these reasons, the administrative organs will take the initiative to implement mitigation, and even the implementation of the law to reduce the punishment.The reason why the administrative organs can take the initiative, or even illegal to implement the actual reasons for reducing the punishment, due to the mitigation of punishment in the legal provisions and the system construction, the following four points. One is the administrative agency beyond law enforcement authority, administrative organs as a mitigating penalties for the implementation of the main, in order to select the better legal basis implemented to mitigate or to independently develop the discretion standard as the basis for implementing reduced, beyond the administrative law enforcement authority exercised rights too. Second is uncertain legal concept as the basis for easily lead to mitigating abuse, legal laws and regulations stipulate the mitigated punishment to case contains such as "other" category of the uncertain legal concept, expand to reduce the scope of the implementation of punishment, to the administrative organs abuse mitigated punishment left a space. Three is the discretion benchmark as a mitigating punishment basis pending validity, discretion for administrative organs to independently develop standards and the effectiveness, there are a variety of different views, discretion standard is able to as administrative organs implemented to mitigate punishment basis is still controversial needs to be considered. Four is to reduce the punishment of the implementation of the program is missing, there is no relative independence from the administrative penalty procedures for the reduction of punishment procedures.Reduce the penalty in terms of legislative purpose, contributed to the anti law behaviors affect the social order and the three aspects of the adverse consequences. The nature of the administrative punishment is supplemented by education with punishment, through certain punishment to warn offenders, to get some education and so as not to offend again, if the punishment is too light to education, it is difficult to prevent behavior again illegal. Reduce the penalty in terms of formulation is to plot slight, inadequate understanding of the illegal behavior of people to give forgiveness, repentance performance violations reward to that low because of such violations of social harmfulness, lighter punishment can also to play its role in education, if the abuse of mitigated punishment terms. The acts of violence against the law seriously troubled administrative organs, especially soft violence anti law behavior is the normal order of the administrative organ effects, if for such flagrant violations of the law to reduce the punishment, is acts of violent resistance to law encourage, lead to more and more people to follow.So the author puts forward the following regulations and suggestions to improve the existing administrative organs in order to improve the existing administrative organs to reduce the punishment of the problem according to the existing problems in the implementation of the administrative organs. First, through the interpretation of the concept of uncertainty, it can be implemented to reduce the punishment of the situation, to limit the scope of the implementation of the punishment, reduce the punishment of the implementation of space. The two is to regulate the discretion of the standard setting, so that the discretion of the basis of the formulation of the content is more reasonable, more legal procedures. Three is to improve the punishment procedures, through the program to regulate the implementation of the punishment, to avoid the abuse of punishment. Four is to strengthen the supervision of the punishment, through the internal supervision and external supervision jointly force, to implement the administrative organs to reduce the punishment of the power to run in the sun. These four measures of agency implementation of mitigating actions to certain regulation effect, reduce administrative organs in violation of law and the possibility of a mitigated punishment, so as to ensure the administrative punishment of fairness and justice and to implement the administrative punishment of the intended effect.