Research On The Power Of Setting Administrative Punishment In Local Laws And Regulations

The division of central and local legislative powers is a topic that has been discussed for a long time in legal circles.The power to set administrative penalties is a small branch under the category of the division of central and local legislative powers.The power to set administrative punishment has a distinct attribute of legislative power,and its discussion should be within the scope of the division of legislative power between the central and local governments.After years of development,the power of setting administrative penalties in local regulations has made great strides in its connotation on the basis of the attributes of legislative power.By analyzing the development process and current norms of the power to set administrative penalties in local regulations,this paper puts forward suggestions for the improvement of the power to set administrative penalties in local regulations.During the nearly 40 years of development,the power to set administrative penalties in local regulations has gone through three main periods: the local legislation stage,the national legislation stage,and the subsequent adjustment and development stage.Through further analysis of the connotation of the provisions of the right to set administrative penalties in local regulations,the paper clarifies the development of the connotation of the right to set administrative penalties in local regulations;The clauses of the power to set administrative penalties in local regulations are regarded as a legislative power in the content and legal system;and based on the principle of legal reservation,the central and local powers of the power to set administrative penalties in local regulations are distinguished.There are some difficulties in the establishment,regulation and supplementation of the power to set administrative penalties in local regulations.From the perspective of the three major powers,the author puts forward targeted suggestions on the predicament of the power to set administrative penalties in local regulations.The scope of operation and the supplementary principles of the supplementary right of administrative punishment in local regulations are fully clarified,and perfect suggestions are provided for the exercise of the right to establish administrative punishment in local regulations.