Research On Relatively Centralized Forestry Administrative Punishment Power System

The system of relatively centralized administrative punishment power is a relatively centralized system of administrative punishment power implemented in the field of forestry.The institutional reform in 2018 has brought some new situations to the implementation of the relatively centralized forestry administrative punishment power system.For example,forest public security organs transferred to other departments that weakens the administrative and law enforcement power of forestry and increases the difficulty of system reform to a certain extent.However,it also provides new ideas for this study.This article uses the comparative analysis method and the interview method,acquaintance and studies with this system related theory and the practice situation.The implementation purpose of relatively centralized forestry administrative punishment power system is to solve the law enforcement problems in the field of forestry law enforcement,such as multiple law enforcement and repeated law enforcement.It contains the thought of "control power theory" and conforms to the principle of"simplification,unification and efficiency".In terms of legal basis,the direct basis of this system is the normative documents issued by provincial governments.The third part of this paper summarizes the problems of the system in terms of legislative provisions and operating mechanism:local normative documents are in conflict with the superior law,and administrative compulsory measures are entrusted to be executed,which violates the principle of statutory authority and the principle of invalid beyond authority.The unclear division of law enforcement authority leads to the problems of new overlapping powers and responsibilities prevaication.In addition,the lack of internal supervision mechanism of law enforcement,the imperfect coordination mechanism between departments and the scarcity of forestry administrative law enforcement resources also affect the smooth progress of the reform.In this paper,the fourth part from the perfect the legal provisions law and improve the operational mechanism put forward the corresponding proposal:limit the qualification of the subject of law enforcement,suggested changes is added in forest law about "institutions entrusted to focus on the exercise of administrative punishment may exercise the right of relevant administrative compulsory measures" provisions,to make the practice is in conformity with legal provisions;Clarify the scope of law enforcement,according to the distribution of law enforcement resources,or continue to carry out comprehensive law enforcement within departments,or carry out comprehensive law enforcement between departments,to rebuild the law enforcement reform model.The reform of law enforcement system should not only focus on legislation,but also coordinate and guarantee the implementation.Therefore,in terms of system operation,it is necessary to continue to improve the internal supervision mechanism of law enforcement,establish a regular communication and coordination mechanism and increase the support for law enforcement personnel and materials.