Research On The Power Of Administrative Punishment In Townships And Sub-districts

The administrative power of punishment is always delegated by the township government and the sub district government in 1996,and because of the power of administrative punishment which is always delegated by the township government and the sub district government,which has not been delegated by the sub district government in1996.In the process of reallocating the power of administrative punishment,although the mode of dispatched agencies and administrative entrustment alleviates the business pressure of administrative punishment of the superior government and enables the township streets to carry out certain daily administrative punishment,many problems arise in reality,such as the low stability and sense of belonging of the law enforcement personnel stationed in the township streets,and some law enforcement teams are randomly assigned tasks,In addition,some higher-level governments arbitrarily delegate entrusted matters regardless of the specific carrying capacity of township streets.In order to solve the governance predicament aroused by the fact that township streets do not have the qualification of the subject of administrative punishment power in the process of grass-roots punishment,China officially promulgated the revised administrative punishment law in July 2021,which defined the subject status of administrative punishment power of township streets,that was the first time that it arose in the form of law.This amendment is the process of the flow of administrative punishment power to the grass-roots level and the vertical distribution of administrative punishment power.Firstly,this paper combs the concept of the power of authority of administrative penalty in order to interpret the main conception of the power of administrative punishment.Secondly,it analyzes the downward flow trend of the power of administrative punishment and divides it into three stages: exploration stage,development stage and mature stage,which lays a practical foundation for the final empowerment of township streets.From this,it can be seen that giving the power of administrative punishment to township streets is not achieved overnight,but a gradual and in-depth process.Thirdly,it specifically analyzes the important legal basis for township streets to obtain the power of administrative punishment and the empowerment mode in reality,and analyzes the more optimized path to endow township streets with the power of administrative punishment in the future.Ultimately,related to the successful experience of exploring the exercise of administrative punishment power by township streets in Beijing and Shanghai,this paper puts forward the Countermeasures for the scope of power that should be given to township streets and suggestions on its legislation,exercise of power and relief mode.