Research On Jurisdiction System Of Administrative Punishment Cases In Network Transactions

The 21st century is the century of the Internet,with the network and logistics technology is increasingly developed,network transactions has become an important form of trade.The development of network transactions also brought a series of related violations,the occurrence of illegal acts also brought a large number of administrative penalties.Because the network transaction is different from the traditional form of transactions,and our administrative penalties jurisdiction system was mainly constructed on the traditional trading model of the specific provisions,and for this emerging different from the previous business model,our legislation did not timely constraints and regulation.The provisions of the jurisdiction of the administrative punishment of network transactions and the specific implementation of the system is not sound,there are many places where there is no applicable laws and regulations to the provisions of the situation,Which has caused the chaos determined by the jurisdiction of the administrative penalty cases of network transactions,so it is of great significance to perfect the administrative jurisdiction system of China’s network transactions.China’s current administrative penalty jurisdiction patterns are divided into general jurisdiction and special jurisdiction.General jurisdiction in our country mainly has jurisdiction,level jurisdiction and affairs jurisdiction.Special jurisdiction is mainly divided into designated jurisdiction,common jurisdiction,transfer of jurisdiction,transfer of jurisdiction and transfer of jurisdiction.The current jurisdictional mode of administrative punishment cases is mainly based on the traditional methods of face-to-face transactions.This mode of jurisdiction is difficult to adapt to the hidden and multi-regional nature of illegal online transactions.In reality,there are still many deficiencies and controversies.At present,the main defects of the jurisdictional system of administrative penalties are as follows:Generally,geographical jurisdiction determines the principle of "the place where the illegal acts take place",but it is difficult to determine who is under the jurisdiction when more illegal acts occur.When the illegal activities and the main facts happened in different places,the jurisdiction organs went to different places for investigation and evidence collection,which caused a lot of inconvenience and the cost of law enforcement was very high.The supply and the system of administrative transfer of jurisdiction across administrative regions was inadequate and the breadth and depth of comprehensive law enforcement needed to be further expanded.There are conflicts of jurisdiction among the departments;in the transfer jurisdiction,the conditions and rules that can not be transferred and received due to the lack of clear provisions have led to the issue of being shirked by the transfer organ.In order to solve the above controversy,the administrative penalty administration system in our country should be determined by the principles of protecting the legitimate rights and interests of the interested parties,facilitating the principle of investigating and obtaining evidence by the administrative authorities and the principle of operability of the governing rules.In terms of the improvement of the specific system,the system adjustment should be focused on the following aspects:classifying different types of online transaction cases and determining the type of jurisdiction system;strengthening the obligation of the administrative organs to inform the rules of procedure;improving the location of the main network operators Information verification work;to build cross-regional network transactions investigated and dealt with violations of the powers transfer and coordination mechanism;clear transfer of jurisdiction and higher receiving jurisdiction of the conditions and rules;improve administrative jurisdiction dispute arbitration procedures and rules.