Construction Of A System For Setting Administrative Penalties In Townships

As the lowest level of public office in China’s administrative system,the township government is the "last mile" of grassroots governance in China,with the characteristics of having a large number of faces and direct access to the masses.Therefore,the administrative actions of the township government directly affect the process of building a legal governance system in China.However,in reality,the law enforcement power of township governments is often replaced by some grassroots agencies,resulting in the township governments being in an awkward position of being "out of sight,out of mind".For some illegal acts,the township government can only give some warnings,criticism and persuasion type of education without the power to impose substantial punishment.As a result,it is obvious that,in the absence of legal enforcement,the township government is unable to prevent and warn the public about the violations of the law.In view of this situation,our country proposes to reform the law enforcement powers of township governments in order to adapt to the future trend of urbanization in China.The law enforcement power should be sunk and the township government should be given certain administrative punishment power to promote the legalization of China’s grassroots.The power to find and treat first will be put into practice.This article is based on this background.The focus is on the legal provisions of the newly released Administrative Penalty Law for townships（streets）to give administrative penalty power and the nature of the act of giving townships administrative penalty power to explore,and through the comparison and study of different views in the academia,come up with their own ideas and insights.At the same time,the problems that may be caused by the incomplete legal provisions and the real empowerment are studied,such as the unclear subject of the empowerment,the differences in the conditions for the acceptance of the subject,the unclear scope of the empowerment leading to the proliferation of power and the problem of responsibility for the exercise of power.It also presents its own thinking and some suggestions on these issues.By combining theory and practice,we will explore a feasible path for townships（streets）to exercise the power of administrative punishment,so as to speed up the progress of completing our grassroots governance system and better realize our goal of following the rule of law.