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On The System Of Administrative Punishment Discretion In Urban Management

Posted on:2018-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:A Q WangFull Text:PDF
GTID:2356330515458876Subject:Constitution and Administrative Law
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1.Research purpose and significanceIn the country like China,administration power holds dominant position,the administrative subject has a considerable position of disctretion in facts finding,laws using,programs selecting and other aspects.Considering no matter the history of the administrative power operation,or the administrative affairs' professionalism and policy,or the changing of the administrative tasks and structural changes of modern administration countries,these factors make the existence of administrative discretion an inevitable trend.But too extensive discretion will lead to uncertainty that makes it impossible for administrative counterparts to know how to do to meet legal expectations,which can also lead to unfairness,resulting in different treatment of different people.Thus,between the "Syracuse Reef and the Calle Bordis vortex,between legalism and unrestricted discretion,it is necessary to find an acceptable path that can be decided in a timely and consistent manner and,in accordance with their actual situation to adjust".It is necessary to try to eliminate the tense relationship between the rule of law and administrative discretion,while the legislature can not provide a complete guide for the operation of administrative discretion,so the administrative subject needs to develop and publish the discretionary basis to achieve self-control.Article 16 of the Administrative Punishment Law of the People's Republic of China promulgated in 1996 provides,"The State Council or the people's governments of provinces,autonomous regions and municipalities authorized by the State Council may decide that a government organ shall exercise the administrative penalty rights of the relevant administrative organs".The State Council began to implement a relatively centralized system of administrative penalty,according to the law,combine two or more administrative organs of the administrative punishment of the relative concentration of the exercise by an executive.Followed by the implementation of comprehensive law enforcement pilot work,urban management appears under this background.Urban management is the product of the transformation of government functions,but also the result of rapid urban development,since its development and development so far,for the city's management and development played a pivotal role.After decades of development of urban management law enforcement process also appeared a lot of problems and contradictions,such as:the lack of law enforcement,violent law enforcement,violence and other phenomena have occurred,law enforcement security and the interests of vulnerable groups is difficult to guarantee,The environment of urban management enforcement is harsh.This paper puts forward the basic principles that should be followed in the administrative discretionary benchmark system for the problems existing in the administrative discretionary benchmark system in China,from the perspective of the most common urban governance administrative punishment discretionary benchmarks in China,drawing on the relevant experience of foreign norms or controlling the administrative discretionary power,and from the administrative discretionary benchmarking the main body,the development of procedures,public mechanisms and related supporting the construction of the system to make recommendations.2.Methods2.1 Empirical analysis methodsWe collected a large number regulations of urban administrative penalties for the discretion.We gave deeply analyze about the formation process and the content structure,so that the study of our research can be based on administrative practice innovation,and can respond to the practical needs of discretion control.2.2 Comparative analysis methodsWe analyzed a lot of literature about the administrative penalites and adminisrative penalityes of other countries and made some valuable and useful conclusion.2.3 Interdisciplinary research methodsWe combined the theoretical knowledge from the discipline of jurisprudence,public policy and administrative management to make our administrative penalty discretion research more scientific.3.ResultsWe analyzed the practical problems encountered in the law enforcement at the grassroots and took the administrative punishment in the field of urban management as our research point.And we analyzed the question from the top level design of the national level,the legal level and the institutional mechanism.And we made clear the relevant rules Concept,through the in-depth analysis of the problem and specified the causes of the problem.Finally,combined with the actual needs of China's urban development,we made the points and strategy to solve the corresponding problems.4.Innovation4.1 We given the deep analysis about the easily ignored concept about administrative punishment discretion benchmarks.This work will help to make the explanation of the discretion benchmarks regulation more scientific.4.2 In the view of administrative process theory,we discussed the formation pattern and post-evaluation system of urban administrative penalty punishment.It will broaden the research field of urban administrative penalty punishment.
Keywords/Search Tags:City management, Administrative penalty discretion, Discretion benchmarks
PDF Full Text Request
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