Research On Administrative Sanction

Administrative sanction is the legal supervision and punishment given by the subject of administrative sanction to all the public officials who exercise public power,including the staff of administrative organs,judicial organs,procuratorial organs,public institutions,managers of grass-roots mass autonomous organizations,managers of enterprises and other public officials who exercise public power.As a kind of supervision and disposal measure,whether the administrative punishment can be legally and reasonably applied has a vital impact on the overall quality of the final supervision cases.Based on this,in the context of deepening the reform of the national supervision system,it is particularly important to strengthen the theoretical exploration of administrative sanctions.Based on the analysis framework of the ? Administrative Punishment Law(Draft)? this paper systematically expounds the main body and object,types and applicable rules,principles and procedures,relief and supervision of the administrative punishment,points out the possible problems in the legislative design or practical application of the administrative punishment,and puts forward relevant improvement countermeasures.This paper is divided into five parts:The first chapter is an overview of administrative sanctions.This chapter analyzes the concept of administrative punishment,discusses the nature and characteristics of administrative punishment theoretically,grasps the most fundamental problems of administrative punishment,and lays a theoretical foundation for the later.The second chapter is the research on the subject and object of administrative punishment.In this chapter,through the comprehensive comparison of the existing legal norms of administrative sanctions,the legislative trend is analyzed,and the conclusion is drawn that the subject of administrative sanctions changes from a single subject to a dual subject,and the object realizes the comprehensive coverage of all public officials.At the same time,it puts forward the problem that the jurisdiction division between the two subjects is not clear,and puts forward the countermeasures and suggestions to improve through the way of legal interpretation or legal modification.The third chapter discusses the classification and applicable rules of administrative punishment.The classification of administrative punishments should follow the principle of proportionality.At the same time,it should realize the organic connection with "Party discipline and state law" in the application of rules.For the problem that the connection between administrative punishments and Party discipline punishments is not close,it puts forward the countermeasures to further refine the rules and make the two punishments complete matching and connection.The fourth chapter is the principle and procedure of administrative punishment.The principle of administrative punishment is the legal spirit guidance of administrative punishment,which runs through the whole work of administrative punishment.As far as the procedure of administrative punishment is concerned,the comprehensive nature of the?Administrative Punishment Law? will lead to the lack of concrete procedure norms,and the administrative punishment should appropriately authorize the subject of power on the implementation rules.The fifth chapter is to analyze the ex post relief of the object of administrative sanctions,as well as the supervision of administrative sanctions.This paper summarizes the important principle of "applying for relief without aggravating punishment" in the relief of administrative punishment,which is similar to the principle of "no additional punishment on appeal" in the ? Criminal Procedure Law ?.At the same time,the existing norms of administrative sanctions,lack of the supervision mechanism of administrative sanctions,in this regard,this paper puts forward countermeasures and suggestions for the supervision of the higher authorities and units that make the main body of administrative sanctions.