Research On The Improvement Of The Exemption List System In Administrative Punishment

With the rapid development of economy,society and science and technology,the exemption list system has been gradually applied to China ’ s administrative law enforcement activities and has led to extensive discussion in the theoretical and academic circles.The administrative organs are faced with difficult law enforcement tasks,law enforcement objectives and urgent law enforcement needs.At the same time,for the limited nature of law enforcement forces,law enforcement means and law enforcement costs,the mismatch and imbalance between the two will hinder the smooth completion of administrative law enforcement to a certain extent.In the face of increasing administrative disputes,it not conducive to the efficient realization of law enforcement purposes.For the current situation of law enforcement,how to further narrow the gap between law enforcement demand and law enforcement supply is a test of the administrative wisdom of law enforcement agencies.This requires administrative law enforcement agencies to break through the traditional rigid law enforcement thinking of administrative law enforcement and constantly explore the innovation of law enforcement methods.The newly revised " Administrative Punishment Law " is a law with both depth and temperature.The value of administrative law enforcement is not only to punish for punishment,but to achieve the actual effect of combining punishment with education,preventing illegality and promoting law-abiding.In order to implement the newly revised " Administrative Punishment Law " and fully implement the principles of " combination of punishment and education " and " temper justice with mercy and equal punishment ",various departments in various places have summarized the experience of Shanghai,Jiangsu,Zhejiang and other places on the basis of the actual situation in the local area,and formulated and issued a multi-disciplinary list of exemptions.The emergence of the list of minor violations of the law and the list of first violations of the law provide a clear basis for the non-administrative penalty,through the list of exemptions formulated by various departments in various places.It can make the local administrative law enforcement personnel and the masses clearly understand what kind of behavior will constitute a minor violation in a specific case,and what kind of violation can be exempted from administrative punishment,which relieves the concern that administrative law enforcement personnel are considered administrative inaction.The comprehensive promotion of the list of exemptions shows that the administrative organs uphold the people-centered thinking,modest and inclusive attitude,optimize the construction of business environment,enhance the administrative law enforcement ability at the grass-roots level,promote economic development,and stabilize social order.Based on the systematic study of the institutional background and main theories of the exemption list system,this paper summarizes the basic connotation and theoretical basis of the exemption list system.Through the value orientation and characteristics of the exemption list system,the classification research and analysis of the exemption list system and the deepening of the understanding of the exemption list system,based on the market field,the exemption list of various places,especially the successful practice of Shanghai,is summarized and analyzed,and the exemption list issued by various provinces is sorted out and summarized.It is concluded that since the implementation of the exemption list in 2019,there are many problems in the actual implementation operation.In view of the many problems that have arisen,this paper proposes to raise questions from four aspects : system content level,procedural rules,supervision mechanism and openness,and put forward suggestions for improving the problems in four aspects.By improving the legislative level of the exemption list,unifying the exemption list system,improving the procedural norms of the exemption list system and the participation way and supervision system,and strengthening publicity,it provides new ideas for the improvement of the exemption list system.Nowadays,although the list of exemptions from punishment has sprung up in China,the theoretical academic research on the list of exemptions from punishment is still in the initial stage of development.There are few documents on the list of exemptions from punishment,and the individual research ability is limited.It is not possible to fully and thoroughly study the list of exemptions from punishment system.The problems analyzed and the solutions proposed are not thorough and comprehensive enough.However,it is still hoped that through the research of this paper,we can explore the legalization path of the list of exemptions from punishment system,hoping to provide practical help for the rapid development of the list of exemptions from punishment system.In order to clarify some obstacles to the vigorous development of the exemption list system,the significance of realizing the exemption list system is realized.