Study On The System Of Collective Discussion By Principal In Administrative Penalty

System of collective discussion was prescribed in Administrative Penalty Law in1996.This system has encountered a number of issues in practice though it has been established for more than 20 years.This article is intended to propose some ideas by document study and case study.Improve the system is order to solve the problems in practice and conform to the trend of the times.System of collective discussion is a system that internally play a role and reflect the administrative self-restraint.Implementation Outline for Building a Government Ruled by Law also mentioned this system.Improve the system need to focus on the legal text and explain every uncertain law concept.Article 38,paragraph 2 of Administrative Penalty Law pointed out the scope of application and the legal process requirement of this system.As for the scope of application,we need to figure out the meaning of complicated plot,seriously illegal and heavy penalty.Complicated plot refers to the situation when differences between law enforcement officers,extra discretion occurs and deviation the administrative discretion standard.Seriously illegal refers to the situation that seriously or occurs serious consequence and social influence.Heavy penalty refers to the large amount fine or confiscation of illegal gains,ordering for suspension of production or business,rescission of permit or license and otherequivalent penalty.Administrative detention is a heavy penalty in the most of situations.As for the legal process requirement,we need to figure out the meaning of principal,collective discussion and decide.Combine all of the regulation,we can say the principal includes the chief executive and the vice executive.Collective discussion includes legal review,consultation meeting,meeting minutes and signature.Decide includes chief responsibility system and false case responsibility investigation.Improve the system need to perfect supervision and promotion.Law enforcement inspection,administrative reconsideration and the administrative litigation are the three most common supervision forms.The first two are internal supervision and the last is the external supervision.There are too many vague judgments in administrative litigation,which is harmful to the system.The most common promotion forms respectively are changing the law,making regulatory documents,making administrative discretion standard,making judicial interpretation and release guiding cases.