Reflections On The Actionability Of Association Punishment From The Perspective Of Empowerment

On the basis of sorting out the administrative litigation cases triggered by the punishment behavior of associations in recent years,this paper points out that the judging judgment of the punishment behavior of the association in judicial practice is based on the authorization theory,but the same starting point can not avoid the divergence in the application of the judgment;further,based on the reflection of the theory of authorization,the type analysis of the punishment behavior of the association,revealing the limitations of the single authorization theory in the face of the multi-type association punishment behavior,advocating the perspective of supplementing the public power,expanding the standard of acceptance,clear The scope of the case is to solve the dilemma of real justice.The main content of this paper consists of six parts:Introduction.This part expounds the origin of the research,the research status and research significance at home and abroad,and the research methods adopted in the writing of the article.In the first chapter,the plight of the association's punitive behavior.Through the basic case of the actual case and the results of the referee,it is found that there are differences in the lawsuitability of the punishment behavior of the association,and it is difficult to apply judicial review.The court mainly adopts a single authorization theory as the standard of acceptance,which has limitations and cannot cover the punishment behavior of associations of multiple natures.The second chapter is the type analysis of punishment behavior of the association.This part mainly determines the nature of the punishment behavior of Chinese associations at the theoretical level.The nature of the punishment behavior of the association is not unique.It has different nature of power rights.According to the differences in the national laws and the sources of power,after the type distinction,there are differences in the three levels of state management,social management and internal self-discipline.The attributes of the state are the state administrative power,the social public administration and the internal self-discipline management.The third chapter,Limitations of the Single Authorization Perspective.Analyze the limitations of the existing accepted standard of acquisition criteria.First of all,it points out that the theory of empowerment is insufficient,focusing only on state power and ignoring social public power.Secondly,it sorts out the provisions on the punishment behavior of the association in the legislative text,points out the generalization and ambiguity of the existing authorization,and the generalization of the authorization provisions is the confirmation of power and repayment.Finally,the authorization theory ignores the complexity of the judicial review of the association's punishment behavior,and lacks clear guiding rules the complexity of the judicial review of the association's punishment behavior,and lacks clear guiding rules in practice.The fourth chapter,the association penalizes the perfection of the acceptance criteria.In combination with the nature of the punishment behavior of the association,the standard of acceptance is refined and the scope of application of the authorization theory is clearly defined.In addition to the perspective of empowerment,it supplements the perspective of public power,and incorporates public power into the scope of the case,but it must be differentiated from the substantive differences in the status of the association.Differentiating between different situations of monopolistic associations and non-monopoly associations,different jurisdictions apply.Review the case request.The internal self-discipline management behavior outside the public power is excluded from the scope of the case,thus forming a clear standard of acceptance.The conclusion part.Briefly summarize the full-text view,clarify the scope of the judicial review of the punishment behavior of the association,and establish the system guidelines for the acceptance criteria of the association.