Case Study Of Administrative Litigation Based On Illegal Cutting Administrative Penalty

The forestry administrative punishment is an important part of China's administrative punishment system,in the protection of forest resource,forestry to punish illegal behavior,and promote law enforcement standard forestry administration and other aspects of the law plays an irreplaceable role.In recent years,China has promulgated a series of administrative penalties for forestry.Including the "forest law","administrative punishment law" and other laws and regulations for the implementation of "forest law" and other administrative regulations,"forestry administrative punishment procedures","forestry administrative law enforcement supervision measures","forestry administrative punishment hearing rules and departmental regulations".Administrative litigation is a citizen,legal person or other organization believes that the specific administrative act of the administrative subject infringe upon their legitimate rights and interests and litigation,which is able to directly reflect the contradictions and disputes between private parties and administrative organs,to a certain extent reflects the specific administrative action problems.Through statistical analysis on illegal logging of administrative punishment of administrative litigation cases,found around the subject,administrative punishment,punishment and division under the jurisdiction of procedures and penalties on the basis of the four aspects of the problem is more concentrated.This article takes the administrative cases of illegal cutting administrative penalty as the object of study,and takes the legal theory and the legislative analysis as the main line to carry on the normative analysis.According to the sample case,statistical analysis of the forestry administrative organs in the subject of punishment,jurisdiction and division of labor,punishment procedures,penalties based on these aspects of the status quo,the sample data descriptive analysis.The typical cases are discussed in depth,so as to sort out the problems existing in the administrative penalties of illegal logging in our country.Drawing lessons from foreign forestry administrative management system,this paper puts forward some suggestions for standardizing the administrative penalties of illegal logging in China.The case study results show that illegal logging administrative punishment in China has the following problems in legislation and justice: the related legislation is general and not specific,the solution of the subject provisions of authority and jurisdiction dispute the lack of operability;the investigation procedures of the rules of evidence are not specific,to limit the scopeof hearing procedures is not reasonable,the provisions of the hearing the record is not detailed;the staff in violation of the administrative penalty procedures lack of punitive liability provisions;lack of supervision of administrative punishment system comprehensively,the administrative personnel accountability system and training system is not perfect;the lack of appropriate mechanisms for information exchange and punishment standard system.Put forward the corresponding suggestions according to the relevant provisions of the subject and procedure of the sound coordination refinement is introduced to the system of administrative discretion,administrative supervision system,strengthen the training of administrative personnel quality,establish case specification information exchange mechanism,administrative punishment procedures.