Study On The Standardized Path Of The Administrative Penalty Power Sinking Villages And Towns(Streets)

Under the background of deepening the reform of administrative law enforcement system in the new era,the new Article 24 of the "Administrative Punishment Law" has shaken the existing administrative punishment system and promoted the governance of townships and streets in accordance with the law.The legal response,the transformation of law enforcement methods and the systemization of supervision mechanism presented by the sinking of administrative penalty power are the core of the reasonable allocation of local administrative penalty power.The three elements of "letting down,receiving and managing well" are the due meaning of the reasonable allocation of local administrative penalty power.The analysis of "general theory,system basis and practice pattern" on the sinking of administrative penalty power is the necessary premise of the regulation path.Throughout the legal text and practice status of administrative penalty power sinking,the process of power decentralization is boosted by legal basis and aided by policy exploration.The nature of decentralization is varied and uncertain;The decision-making subject of decentralization is dominated by the provincial government;The standards for decentralization are fixed and uniform;The measures of decentralization are different in east,middle and west regions.The decentralized supervision adopts the general mode of "pre-evaluation" and "post-evaluation".At the present stage,the main problems of the administrative penalty system are as follows: first,the organization law and the behavior law are not coordinated;Second,the decision subject of delegating power is unclear,diversified in theory and single in practice.Third,the devolution standard is not conducive to the realization of the purpose of power subsidence;Fourth,the lack of systematic supervision rules.First of all,the sinking of administrative penalty power has both the vertical transfer of internal authority and the expansion of external subject qualification.We should follow the principle of legality,standardize the decentralization and undertaking of power,and prevent the alienation of system.Follow the principle of difference,adopt flexible standards of decentralization,take into account the interests of the less developed areas;Follow the dynamic principle,use the way of supervision and evaluation,construct a benign decentralization,recycling mechanism.Secondly,the reform of the organic law makes towns and streets qualified as subjects,which can not only coordinate the legal norms,but also change the status quo of one law and one authorization.Give full play to local initiative,bridge the tension with the central policy;Thirdly,focusing on provincial governments is more conducive to the stability of decentralization in the early stage of reform.After the mechanism of administrative punishment power is improved,it is advisable to shift from provincial governments to multiple coordination.We should reject the "one-size-fits-all" criteria for devolution,and relax the criteria for "effective transfer" considering the urgent need of economically underdeveloped regions to transfer power.Pay attention to the universality of delegated powers,and clarify the specific elements of each link in the list of delegated powers to ensure orderly delegated powers and effective supervision;The uniqueness of township and street law enforcement agencies should be determined,and intelligent information technology platform should be used to promote comprehensive law enforcement ability.Finally,the systematic supervision mode of "pre-evaluation","post-evaluation" and "open mechanism" should be established.Detail the key points and organizational forms of law enforcement supervision;The defendant theory of "behavior subject" is introduced to improve the efficiency of litigation supervision.In short,to optimize the normative path of the sinking power of administrative punishment,we must take the coordination between the organic law and the behavioral law as the basis on the premise of clarifying the nature,take the sinking path as the key,focus on the main purpose of the sinking power,take the practical measures of the sinking power as the general starting point,settle in the long-term supervision mechanism of the sinking power,and guarantee the stable operation of the grass-roots power exercise.