Study On The Decentralization And Succession Of Administrative Punishment Power

As the most basic local people’s government,the township people’s government is the local representative of the state’s power and policy authority,and shoulders the major responsibility of implementing the will of the state,maintaining social stability,and promoting economic development.It is particularly important in rural governance and the construction of the rule of law;the sub-district offices,as the government agencies of municipal districts and cities not divided into districts,and the township people’s governments are both township-level administrative regions,and they are also the main force in the construction of the rule of law at the grassroots level.Since the 18 th National Congress of the Communist Party of China,the Central Committee of the Communist Party of my country and local governments at all levels have actively promoted the institutionalized reform of comprehensive administrative law enforcement,steadily promoted the lowering of administrative law enforcement powers,and met the needs of local grass-roots governance and law enforcement.There are many administrative law enforcement powers,and the administrative punishment power is also devolved.Therefore,whether the townships and sub-districts can exert their maximum effectiveness after taking over the punishment power will directly affect the modernization process of the rule of law in my country.In 2021,the "Administrative Punishment Law of the People’s Republic of China" adopted legal provisions to delegate the power of administrative punishment that should only be exercised by administrative organs at or above the county level to the grassroots.Difficulties,law enforcement guarantees and other aspects of the legislative response.Looking at the legal text and the law enforcement issues in reality,there are three main problems in the decentralization of the power of administrative punishment to the grassroots.It remains to be demonstrated,and at the same time,it remains to be explored what conditions the township people’s government and the sub-district office should have as the main body of the undertaking;secondly,the content issue,that is,the scope and specific content of the decentralization of administrative punishment powers need to be delineated;thirdly,Procedural issues,the empowerment method,succession procedure,and supervision mechanism of the decentralization of punishment power need to be explained.Combined with the methods of current legal text research,local government policy document research and field empirical research,it is concluded that granting administrative punishment power to grassroots governments should follow the optimization of empowerment efficiency,the legalization of empowered subjects,the optimization of undertaking subjects,and the empowerment of Attribute elements such as the determination of the scope and the standardization of the empowerment procedure are in line with the principles of high efficiency and convenience for the people,holism,combination of delegating power,regulation and service,unification of powers and responsibilities,and proper procedures.Design and policy patterns and practical samples such as administrative law enforcement pilots,analyze the theoretical logic of the system design and practical problems of the decentralization and succession of administrative punishment power,so as to realize the depth of the legitimacy,rationality and effectiveness of the decentralization of administrative punishment power to the grassroots level fusion.