Research On The Legislative Issues Of Local Regulations And Fines In Cities Divided Into Districts

In China's current legal liability clause setting,both the scope of application and the frequency of use of fines far exceed other penalties.Improving the acceptability and legitimacy of setting fines may help to protect the legitimate rights and interests of administrative counterparts,and may have a positive effect on the governance of fines,so as to improve the social effect of fines.This paper tries to find out and summarize all kinds of defects and deficiencies of fines in the local laws and regulations of cities divided into districts in yunnan province,deeply explore the possible negative consequences of these defects and deficiencies,and finally put forward countermeasures and Suggestions to improve the technology of fines legislation in the local laws and regulations of cities divided into districts in yunnan province.The content of this paper mainly includes: first,from the legal theory level preliminary analysis of the basic problem of fine.This paper makes a comprehensive interpretation of the concept,features and functions of fines,and clarifies the differences between the connotation and extension of the concepts of fines and other penalty methods,as well as their functional orientation,so as to lay a foundation and pave the way for the research on the legislation technology of fines.Second,the system framework that must be followed when setting fines in local regulations of cities divided into districts.The local regulations of a city divided into districts can only set a fine for urban and rural construction and management,environmental protection,historical and cultural protection and other matters,and shall make specific provisions within the scope of the fine prescribed by the laws and regulations of the higher authorities.In enacting penalty clauses,the local laws and regulations of cities divided into districts shall follow the principles of scientific legislation of local people's congresses,such as the principles of having characteristics,not exceeding their powers,not contradicting them,being reasonable and operable.Thirdly,this paper discusses the thinking concept of humanization,legality and modesty of setting fine penalty,reconsiders the principle of matching fine,discusses the gift and control of discretion,and seeks for technical guidance resources for setting fine of local laws and regulations in cities divided into districts in yunnan province.Based on the analysis of the existing practices of penalty setting in local laws and regulations of cities divided into districts in different regions,this paper looks for practical experience resources for penalty setting in local laws and regulations of cities divided into districts in yunnan province.Fourthly,it analyzes the current situation and problems of setting fines in local laws and regulations of cities divided into districts in yunnan province.In the setting of the status quo,from the perspective of the whole and part of the setting of fines.This paper finds that legislators pay more and more attention to the value and function of fines,but the legislative quality of penalty clauses needs to be improved.In the problem of setting fines,the first is the establishment of fines is too general,that is,the use of fines in legislation too many times;Secondly,the arbitrariness of penalty setting;Finally,the way in which fines are set is rigid.Fifth,after found the problem,to improve quality of yunnan local regulations fined in legislation,puts forward a series of countermeasures,including with the aid of routinization evaluation after legislation discover the penalty clause of the defects in the current laws and regulations,take various measures to prevent the fine setting is too general,avoid optional setting fines and the way of scientific and reasonable use of fine set.