Research On The Typification Of Administrative Penalties In China

Article 8 of the law of <The People’s Republic Of China On Administrative Penalties Law>(hereinafter referred to as <Administrative Penalties Law>)stipulates the types of administrative penalties.However,in the current system of administrative penalty,"the other administrative penalties" occupies the main position in terms of quantity,while the number of "administrative penalties" stipulated in the first 6 paragraphs of article 8 has a small quantity,but “the other administrative penalties”has a large quantity.With the deepening of the comprehensive rule of law in recent years,the types of current administrative penalties are more complicated,complex and diverse,it is urgent to comb its internal logical structure.It is necessary to make a typology study with the help of legal methodology.Because of the administrative subject in administrative process need timely and effective maintenance of public interest and the social order,in order to adapt to economic and social development and administration,in real life,there are a large number of illegal administrative sanctions,some illegal administrative sanctions will have a significant impact of administrative relative person’s rights,how to correctly handle illegal administrative sanctions has currently become a problem to be solved.Due to the short development time of typological thinking in the field of administrative law in China,the types of administrative penalties are not systematic at present,and various types of legal penalties have different degrees of problems,leading to the problems of non-legal administrative sanctions such as administrative penalties,high administrative and judicial costs,and declining government credibility.In view of this,in order to solve the difficulties in legislation,judicial and law enforcement of the above types of administrative penalty,Because of this,the author will review and summarize the involving of major laws and regulations of administrative punishment,the basic theories of administrative law,the law on administrative punishments as guidelines,refer to the relevant administrative punishment type outside of law and theory research,to define the scope of various types of administrative penalties,refine the general characteristics of administrative penalty type,on the basis of the administrative punishment typed characteristics and requirements are put forward,This is the theoretical basis for revising and perfecting article 8 of <Administrative Penalties Law>.At the same time,the author will analyze the objectively existing illegal administrative sanctions,summarize their defects,point out their reasonable existence,and put forward some Suggestions to incorporate the illegal administrative sanctions into the administrative penalty legal system.The author is interested in the theory of administrative penalty and has been paying attention to it for a long time.In under the guidance of tutor,select this topic,I hope based on the theory of legal methodology typed in thinking,based on the research of the administrative penalty typed,summarizes the general commonness,classify refining the core characteristics of various types of administrative punishment,and finally build reasonable perfect type of administrative punishment system,to give some advises on article 8 of <Administrative Penalties Law>.