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Administrative Punishment "First Violation Of Impunity" System Research

Posted on:2024-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiangFull Text:PDF
GTID:2556307091492244Subject:legal
Abstract/Summary:PDF Full Text Request
Along with the continuous deepening of the strategic deployment of the "comprehensive rule of law",the ideological content of the law of good governance has been enriched,and the demand for administrative law enforcement and administrative punishment that is "rigid and flexible" has been expanding.Based on this,the author investigates the current situation of the implementation of the system in different places and fields according to the legal elements of "first violation of impunity" in accordance with Article 33,Paragraph 2 of the Administrative Punishment Law,in order to solve the problems in the practice of administrative punishment.The purpose is to refine and define the object of consideration of "first violation of impunity" and to determine and improve the rules of its application procedure,so as to further play the feasibility of the system.However,the definition of "first violation",the conditions of application of "impunity",and the specific operating procedures of "first violation impunity" are not uniform throughout the country,so how to implement them? The problem of how to apply the conditions and procedures is still troubling the administrative organs.Therefore,in this paper to clarify the "first violation of impunity" system of theoretical analysis and development on the basis of the background,based on the actual development of Chinese society and law,against the "first violation of impunity" legal requirements to explore the local and field implementation of the first violation of impunity system status quo,amend the "first violation of impunity" applicable problems.But in the application of “ First violation of impunity ” process,through the analysis of the current administrative punishment and administrative enforcement of the status quo,the“First violation” definition,“Impunity” applicable conditions,the procedure for impunity for first-time offenders is not uniform across the country,and questions about how it should be implemented,the conditions and procedures for its application remain executive branch.At the same time,through the analysis and discussion of the applicable fields of the system of“First violation of impunity” and the implementation of the list of impunity,the author concludes that it still includes the following problems: first,in the process of the emergence of the existing system of“Impunity for first violations”,due to the low degree of public participation in advance,the public generally do not know the existence of the list of impunity,resulting in the system is not widely applied.Secondly,at present,there are few regulations involved in the establishment of the list of impunity,which is limited to the simple summary of the existing laws and regulations and local practice,without comprehensive consideration of various factors.Third,in the process of operation,the application of“First violation of impunity”has not been clearly defined,which makes it unable to play a real role in preventing administrative malfeasance and abuse and ensuring substantive justice.Fourth,“Impunity for first-time offenders” ensures that Local ordinance and regulations,which have long been inefficient and unpopular,are legal in form but legal in substance,that is,the balance of legal interests in specific cases,there are still some problems.Fifth,due to the lack of supervision mechanisms,“ Impunity for first-time offenders ” has been overused,resulting in litigation disputes,and due to the lack of effective supervision and evaluation of executive branch,and the potential for executive branch corruption.Therefore,on the basis of clarifying the theoretical analysis and formulating background of the system of“Impunity for first offense”,this article is based on the actual development of our society and law,according to the legal requirements of“ First violation of impunity ”,this paper explores the definition of the relevant applicable conditions,and at the same time,according to the status quo of the implementation of“First violation of impunity”system in various localities and fields,amends the application of“First violation of impunity”.First of all,through the main production and management,the general public,the public involved in the rule of law work team of special classification,targeted to increase public interest in participation.Secondly,the administrative practices or typical cases are included in the reference scope of the formulation of the system,and the basis of the regulation is expanded.Third,through the improvement of simple procedures,create conversion procedures,the establishment of registration procedures and other measures to standardize the“First violation of impunity” applicable procedures.In addition,the establishment of impunity escape mechanism,clear whether specific cases belong to escape from the scope of unified judgment,to ensure the fair exercise of discretion.Finally,through the establishment of corresponding supporting mechanisms,such as the implementation of the system of informed commitment,the establishment of monitoring and evaluation mechanisms,to ensure the“First violation of the law” of the vitality,to ensure the smooth realization of the purpose of the system.
Keywords/Search Tags:No punishment for the first violation, List of impunity, Administrative Penalty, No punishment, Flexible enforcement
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