Study On Administrative Penalty Power Of Township People’s Government And Sub-District Office

The township people’s government is the most basic government organ in our country,and the sub-district office is the organ dispatched by the people’s government of the municipal district and the city without districts,both of which bear the responsibility of national basic level administration and public service.(1)However,our country administrative punishment configuration has been "mainly on county",due to the lack of administrative grass-roots government agencies in the most commonly used and most effective means of administrative punishment,causes in the face of multiple administrative illegal behavior has no right to make punishment,illegal behavior do not have access to timely and effectively,to grassroots social harmonious stability and economic development have a negative impact.With the promotion of the reform of administrative law enforcement system,the state further put forward the guiding ideology of "shifting the focus of administrative law enforcement downward" and "strengthening the power of town expansion",which provided policy support for the decentralization of administrative penalty authority to the grass-roots government.It is in this context that the Administrative Punishment Law was officially adopted on January 22,2021 after the third instance.The Law clearly stipulates that the power of administrative punishment can be exercised by towns,towns and streets,which provides a strong legal support for grassroots government organs to exercise the power of administrative punishment.However,it is of great significance to hand over the power of administrative punishment to towns and streets,but the basic government organs will still face a series of new problems in the process of exercising the power of administrative punishment.To study and solve these new problems is beneficial to improve the efficiency of grass-roots governance,accelerate the construction of grass-roots rule of law and ensure the smooth implementation of administrative punishment power in grass-roots society.This study is divided into four parts: First of all,the villages and towns,streets,generalizes the theory part of the administrative punishment and the elaboration,mainly including the concept of administrative penalties and legal characteristics,the necessity of the grassroots government organs to exercise administrative punishment,the background of delegating the power of administrative punishment to the basic government organs and the interpretation of article 24 of the new Administrative Punishment Law;The second,through the analysis of typical cases of S Town and B Street actually exercising the right of administrative punishment,further expounds the status quo of the exercise of the right of administrative punishment by grassroots government organs,and combs out the possible problems that grassroots government organs may face in exercising the right of administrative punishment;Once again,through the analysis and research of typical cases,as well as the collection and study of relevant domestic literature and materials,and the use of literature analysis,inductive analysis and other methods,the basic government organs in China to exercise the power of administrative punishment may face the problems are summarized and analyzed;The last,through the analysis of the problems that grassroots government organs may face in exercising the power of administrative punishment,further puts forward countermeasures to solve the relevant problems,and provides reference for township people’s governments and sub-district offices to exercise the power of administrative punishment smoothly.