| With the expansion of the grass-roots volume and the deepening of the complexity of administrative affairs,the traditional mode of "law enforcement by departments,assisted by towns and villages" is no longer enough to support the government to solve the problems encountered in law enforcement.The phenomenon of levitation leads to a serious imbalance between the demand for law enforcement and the allocation of power.In order to deepen the reform of law enforcement at the grassroots level,the central government through policy documents to top-down redistribution of law enforcement power,promote the shift of law enforcement focus and empower grassroots law enforcement.The newly amended Administrative Punishment Law of the People’s Republic of China in 2021(hereinafter referred to as the Administrative Punishment Law)stipulates that administrative law enforcement matters urgently needed and able to be effectively undertaken at the grassroots level shall be delegated to the grassroots level for the exercise of administrative punishment,providing legal guarantee for the township people’s governments and sub-district offices to exercise the power of administrative punishment.At the same time,the revision of Administrative Punishment Law also provides the direction for the legalization of the sinking of enforcement power.This paper uses research integration method,comparative analysis method,case analysis method and other research methods to analyze the subsidence of enforcement power.The text is divided into four parts: the first part is an overview of enforcement power.By defining the basic concepts,this paper rationalizes the internal logic of power allocation in the process of law enforcement power sinking,and defines the nature of law enforcement power sinking by combining the policies,regulations and practice samples of law enforcement power sinking.The second part discusses the theoretical basis of enforcement power sinking.The sinking of law enforcement power relies on the theory of administration by law and is also a response to the theory of grassroots governance.On the one hand,it should conform to the rule of law,the rule of law supervision and the rule of law implementation;on the other hand,it should be close to the people’s livelihood and maximize the efficiency of grass-roots governance.The third part is to sort out the problems existing in the sinking of enforcement power.The lack of legal refinement of township(street)subject qualification and the lack of legitimacy of the exercise of authority restricts the undertaking ability of the grassroots to a certain extent.In addition,the unknown factors of the sinking of the enforcement authority will also produce certain potential risks to the power operation.The fourth part is to put forward some suggestions to improve the sinking of enforcement power.On the one hand,the qualification of the subject should be promoted through legislation;on the other hand,the authorization basis in administrative authorization should be standardized to guarantee the legitimacy of the sinking of the enforcement power,and the grass-roots undertaking capacity should be strengthened through the law enforcement system.At the same time,the three elements of the decision subject,the content of the sinking and the constraint procedure mechanism should be clarified and detailed. |
