Research On The Administrative Punishment Power Of Township Government In China

Reform and opening in the past 40 years,China’s economy has achieved leapfrog development and socialism with Chinese characteristics has entered a new historical stage.At the same time,the reform of the administrative system has also been deepened.Among them,the reform of administrative law enforcement power is an important content in the reform of administrative system,and it gradually sinks to the grassroots level and becomes one of the main trends in the reform of our administrative system.Township government,as the most basic level of Chinese government,has the closest connection with the people’s production and life in daily life.It has always been called the "last kilometer" of Chinese social governance and the construction of rule of law government,which directly affects the happiness of people’s lives.With the continuous adjustment and optimization of the administrative system,the administrative power of various levels of government sinks unceasingly,but the function of the town government is still not clear,has been constantly explored and debugged.It has always been the starting point and landing point of the construction of the township government to find the right position and unify the power and responsibility to better serve the people.Under the background of rural revitalization,urbanization reform and the construction of a law-based government,the power of law enforcement is moved down,and the scope of economic and social administration of towns and villages is broadened.It can strengthen the function construction of township governments,improve the grassroots political power,and realize the goal of building a law-based government in an allround way.Empowering villages and towns are an inevitable requirement for the development of modern times,and empowering villages and towns conforms to the requirement of deepening reform.Since the 18 th CPC National Congress,the central Committee has repeatedly put forward requirements on the role of grassroots political power in social governance.The Third Plenary Session of the 18 th CPC Central Committee decided to grant administrative powers to towns with strong economy and population in accordance with their population and economic size.In the follow-up reform measures,the administrative enforcement power is continuously sinking.In 2021,the "Administrative Punishment Law" was formally revised and implemented.As the first comprehensive revision of the "Administrative Punishment Law",the township government has been granted part of the subject qualification of administrative enforcement power from the legal level.The revision highlights the active role of township governments in grassroots social governance and provides a solid step for the administrative enforcement power to sink to the grassroots government.However,for a long time,there exist some practical problems such as weak law enforcement ability,insufficient cooperative law enforcement and imperfect law enforcement supervision system,which have troubled the township government to exercise the power of administrative punishment according to law,reasonably and effectively.Under such background,it is necessary to clearly analyze the legality,telos and realistic predicament of the setting of administrative power of town and town government.Based on this,this paper puts forward some suggestions of setting of administrative power of town and town,thus promoting the effective governance of the town government and the base of our country.The reform of grassroots administrative law enforcement system has attracted great attention from domestic scholars,among which the power of administrative punishment given to township governments is one of the focus objects,especially during the revision of administrative Penalty Law.Although the new "Administrative Punishment Law" has granted the township administrative punishment power part of the subject qualification,but the specific conditions,ways and how to optimize the relevant system and other problems need to be solved.Therefore,this article from the township administrative punishment power as a whole,clear its definition,nature and value of the rule of law;To study and analyze the system status quo and existing problems of administrative punishment power of township;Focus on the comparative analysis of the practice status quo in parts of our country and summarize experience;Considering how to perfect the system of administrative penalty power in towns and villages,put forward some suggestions for modification and perfection.