Research On The Standardization Of Administrative Punishment

The Nineteenth Party Congress proposed that "building a government under the rule of law,advancing administration according to law,and strictly regulating fair and civilized law enforcement" are important contents for deepening the practice of administering the country according to law.The focus of the construction of a country under the rule of law is that administrative agencies can comply with the requirements of the principle of administrative rule of law and effectively implement administration according to law.In the context of economic transformation and upgrading,there will be certain contradictions in the process of profound changes in the interest structure,government decisions,and the goal of achieving administrative enforcement.Due to the passiveness and invasiveness of administrative penalties,violations of the law that undermine the market order and endanger the legitimate rights and interests of the public continue to be prohibited.In the field of administrative penalties,it is manifest that administrative law enforcement departments weigh less power and have unclear responsibilities,and abuse of power and illegal fines and illegal administrative practices are serious.Due to the uneven quality of administrative law enforcement personnel,the level of law enforcement is not high,the responsibilities between the law enforcement departments of administrative punishments are unclear,and the efficiency of the administration is not high.The public is dissatisfied with the law enforcement status of the administrative punishment and the government's capacity for administration according to law.Suspicion.The implementation of the standardization work of administrative punishment is not only an urgent task facing the current government departments,but also the only choice for China to build an efficient government.The standardization of administrative penalties is to introduce standardization technologies and concepts into administrative punishments,quantify the discretionary powers of administrative punishments,clarify the responsibilities of various administrative departments,and use standard and standard administrative law enforcement procedures to correct possible rent-seeking behaviors in the process of administrative law enforcement.The post-supervision of the administrative law enforcement act realizes the standardization of administrative penalties.According to the existing laws and regulations,the power,responsibilities and basis of the administrative penalty shall be defined.The standards shall be formulated to control the factors related to the administrative penalty in order to achieve the standardization and standardization of the administrative penalty.This article mainly studies the standardization of administrative penalty from the following four aspects: First,it defines the theory and basic concepts of standardization and standardization and the relationship between the standard and the law,tentatively proposes the concept of standardization of administrative punishment,and elaborates the administrative penalty.The object of standardization;secondly,this article elaborates on the feasibility and necessity of administrative penalties.It mainly analyzes the standardization of government public services,the status of administrative penalties in China,and the characteristics of administrative penalties.From the angle of democratic government and rule of law construction,the necessity of the standardization of administrative penalty is discussed;again,this article briefly introduces the main methods of the three systems of administrative law enforcement in certain regions of China and the discretion of China's administrative punishment,and summarizes the experience;Through the implementation of successful experience and actual results achieved,and then reasoning,absorbing and learning,the establishment of a standardized model of administrative punishment,from the public disclosure of administrative punishment standards,administrative penalty enforcement process standards,administrative punishment online processing workflow standards The main content of standardized penalties elaborate and carry out the experimental work and advocacy,legal protection,innovative way files Cha three angles proposed standardization of administrative penalties to achieve path.We will apply the idea of standardization through the procedures for the establishment and implementation of administrative penalties and the decision and execution of administrative penalties to achieve the standardization,standardization and legalization of administrative penalties.