Discussion On The Linkage Mechanism Between Administrative Sanctions And Government Sanctions Procedures

With the introduction of the Administrative Sanction Law,the nature of administrative sanction,as a supervisory organ,has become clear.But for both kind of administrative sanction,there are great shortcomings in the connection of entity and procedure.What should be made clear is that with the requirements of the construction of the socialist rule of law with Chinese characteristics in the new era have made clear that the administrative sanction must be made according to law.Different from the previous ordinary internal administrative acts,administrative sanction have the nature of external acts,and the disciplinary procedures should not be simply classified as internal procedures because of that,thus ignoring the construction of perfect disciplinary procedures and the cohesive mechanism between them at the legal level.For the construction of the national supervision system at the present stage,the power of the single supervision method is not enough to support the requirement of the full coverage of national supervision.Therefore,for the supervision of the people's government,the two supervision means of the people's government administrative officials,administrative sanction need to combine the supervision force and build a cohesive mechanism from the entity and procedure,so as to achieve the purpose of comprehensively supervising the administrative officials.In the entity,it should be clear that the administrative sanction is not a substitute for the other one.In terms of procedure,we should see the points where the two kinds of administrative sanctions can be connected at different stages,and from the point of connection,we should find the existing problems in the connection and the places where procedures can be optimized.In terms of the system,we should clearly see the intersection point between the two administrative sanction system,and take the junction point as the starting point to discuss the feasibility of the system construction.