The Power To Establish Administrative Penalty In Local Legislation

According to articles 8 and 11,paragraph 1,of the Law on Administrative Punishment,local regulations have no power to create administrative penalties other than those prescribed by law.However,under the complex demand of the risk society and information society,the administrative organs need to diversify the types of punishment as a means of law enforcement,so in the implementation of the administrative punishment law,a large number of local laws and regulations through the creation of new types of administrative penalties.This practice makes the original legislative intent and intention of the administrative penalty law fail to be well implemented in practice,and the phenomenon of virtual purchase appears.Limit the innovation of local governments law enforcement,and make its punishment be questioned,thus affecting the credibility of administrative acts.The practice of the right to create the type of penalty is necessary and justified in theory.It is also suggested that the right to create the types of penalties prescribed by local regulations should be given.By amending Article 8(7)of the Administrative Punishment Law to "other administrative penalties prescribed by laws and regulations",but at the same time,the scope,type and procedure of the powers should be limited.When starting from the types of penalties prescribed by the Administrative Punishment Law and other laws and administrative regulations,they can be extended to more penalties for conduct,property,declaration,reputation,reputation,etc.At the same time,new types of penalties may be created,such as the publication of illegal facts,responsibility for ecological restoration,punishment for breach of trust,and regional restrictions.But personal and qualification penalties may not be created.