The Types Of Non-statutory Administrative Penalties And Their Legality Judgment

As a management that ensures public interest and social effectiveness,non-statutory administrative penalties have been used frequently in administrative practices.The use of non-statutory administrative punishment management means is a kind of management method that the administrative subject implements without the law clearly,in order to ease the contradiction between the diversity of administrative tasks and the limited administrative resources.It is undeniable that the illegal management of administrative penalties has played an important role in improving administrative efficiency,ensuring administrative effectiveness,and safeguarding public interests.However,as a non-typed administrative act,there are many problems in legitimacy.In view of the fact that non-statutory administrative penalties can easily reduce the legitimate rights and interests of citizens,they should be properly regulated so that they can fully respect the legitimate rights and interests of relatives while safeguarding social order and public interests.In future administrative practices,Can play a more positive role,but also to avoid the violation of the legitimate rights and interests of the relative person.To analyze the legitimacy of non-statutory administrative penalties,an empirical analysis should be conducted on the use of non-statutory administrative penalties in administrative practices.This paper explores the practical application ecology of non-statutory administrative penalties through examples.At the same time,it summarizes and summarizes the major problems that exist,and on this basis,it classifies non-statutory administrative penalties and divides them into profits and Sexual management methods and non-profit and loss management methods have led to the existence of the basis for the legality of non-statutory administrative penalties—public interest and social order.This article focuses on the analysis of profit and loss management methods.Although the implementation of civil rights and interests has been derogated,it does play an important role in safeguarding the public interest and social order.Therefore,the legitimacy of the means of profit and loss management is justified from the purpose of argumentation.It is very necessary to analyze.In this paper,the profit and loss management methods are divided into minor profit and loss management methods and severe profit and loss management methods based on the degree of impairment of citizens' rights.Then they are subjected to normative analysis and theoretical analysis,and corresponding conclusions are drawn.The rights and obligations are consistent.Citizens should also assume certain obligations while enjoying rights.In order to meet the needs of the public interest,citizens should have a certain tolerance obligation to deal with minor profit and loss management measures.As for the serious profit and loss management measures,although they have reduced the legitimate rights and interests of citizens to a certain extent,they play an important role in safeguarding public interests and social order.They should not be completely negated,must be treated dialectically,and meet the requirements of reasonableness.In accordance with the corresponding legislative procedures for the confirmation of norms;does not meet the requirements of reasonableness,should be strictly prohibited,and in accordance with China's existing legal system in a timely manner to provide legal control,timely relief of administrative counterparts whose legal rights are seriously damaged.