Study On The Time Limit Of Handling Of A Cases Of Administrative Punishment

The government work report of the 2018 NPC and CPPCC put forward that we should further promote the online management of administrative affairs.Strive to simplify the administrative procedures for the citizens who go to the administrative department to handle the affairs on site.The reform of "integration of certificate and license" carried out by the State Council in administrative licensing has made great achievements in the reform of administrative licensing in China.Under the circumstance of relaxing the access barrier,strengthening the supervision and management after the event becomes a realistic problem to be solved urgently.As an important means of supervision and management after the event,the time,cost,efficiency and satisfaction of the masses of administrative penalties are related to the realization of improving the efficiency of administrative organs.This article focuses on the time limit of general procedural cases of administrative punishment.In the absence of a unified code of administrative procedure in China,it systematically analyses the problems existing in the time limit of general procedural cases of administrative punishment in China from a micro perspective.This article combines the differences in the time limit of adjudication of administrative penalty in specific cases,and puts forward how to improve the unification of the relevant provisions on the time limit of adjudication in the procedure of administrative penalty in law;how to unify the time limit of adjudication in the exercise of the power of administrative penalty by various departments;thus,to construct a systematic,scientific,standardized and efficient operation system of the time limit of adjudication of administrative penalty.This paper is divided into five parts:The first part,as an introduction to the article,mainly introduces the research background,significance,research ideas and methods,as well as the main research work and innovation of this article,which plays an outline role for the following writing.The second part starts with the theory of administrative penalty procedure and time limit,and analyses the related concepts.Emphasis is laid on the important value of the period of time for handling the case,which plays an important role in ensuring the fairness and justice of administrative penalty,establishing a good order of administrative penalty,ensuring the legitimate rights and interests of the administrative counterpart,and improving the efficiency of law enforcement.The third part is about the level of legal effect from top to bottom in our country.It combs and analyses the provisions of adjudication period in administrative penalty procedure from laws,administrative regulations,local regulations and departmental rules,and then compare the provisions on the trial period of cases in the judicial field.It clearly reflects the lack of legal provisions of the system of handling time limit in the of administrative penalty in China and the inconsistency between the provisions of handling time limit and those of various administrative law enforcement departments,thus eliciting the necessity and importance of perfecting the handling time limit in the of administrative penalty.The fourth part,taking the cases of administrative punishment published by Changchun Administration for Industry and Commerce in the five years from 2014 to 2018 as samples,through empirical analysis,compares and analyses the processing time of different types,different fines,different circumstances and different cases under the circumstances that the administrative organs have stipulated the processing time limit of the cases of administrative punishment,and highlights that the handling time limit is self-evident.The importance and necessity of regulating by discretion.The existing problems are analyzed and the reasons are figured out.The fifth part,through improving the provisions of the of administrative penalty case handling time limit system,strengthening the control of internal procedure on handling time limit,simplifying the administrative penalty procedure,improving the efficiency of administrative penalty,formulating the standard of discretion of handling time limit,strengthening the inspection and supervision of handling time limit,the system of handling time limit should be completed from "legislation","execution" and "supervision".Standardization and restriction of orientation.The perfection and perfection of the time limit system for dealing with cases of administrative penalty is the concretization and refinement of the procedure links of administrative penalty,the concrete embodiment of the times,and provides a strong institutional guarantee for promoting the modernization of national governance system and governance capacity.