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Exercise Administration Relatively Concentrated Administrative Punishment Research

Author: HeQiCheng
Tutor: XiaZhengLin
School: South China University of Technology
Course: Legal
Keywords: Production safety Administrative penalty The relative concentration of the right to be punished
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 15
Quote: 0
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Abstract


Safety supervision department of the direct component departments of the Chinese government, dangerous chemicals industry is primarily responsible for the safety supervision departments in accordance with the division of responsibilities, approval, permission and supervision of non-coal mining industry and the fireworks industry; same time, \supervision departments integrated management of production safety work. The number of administrative departments in China bear the responsibility for production safety management, safety production field exists overlapping functions between the duplicate law enforcement and departments, in line with the implementation of a range of centralized Administrative Punishment Right: There bulls law enforcement, areas of overlapping functions can be implemented to exercise centralized administrative punishment. Meanwhile, in order to further ensure workplace safety, the State Council issued a document \right to adapt to the needs of the times. The relevant administrative regulations on the safety supervision department in administrative penalties to make the authorization. Such as production safety accident investigation and reporting Ordinance (State Council Decree No. 493) expressly provides that \Safety supervision departments to comply with the Administrative Punishment Law \law enforcement, with independent legal status. Safety supervision departments in the field of production safety exercise mode can learn relatively centralized administrative punishment in the field of urban management focus on the exercise of the right to administrative penalties, and according to the province Safety actual production, the implementation of the \Government authorization decision originally dispersed in each of the right to bear the punishment of the responsible departments in the safety production supervision and safety production together, unified by the safety supervision departments to exercise; straighten out the powers and responsibilities of the upper and lower levels in the safe production, and truly reflects territorial management \Safety supervision departments to exercise the relative concentration of the punishment also need to do a good job in the legal aspects of supporting the work, and to make the necessary restrictions on executive power, the introduction of the judicial process, appropriate to allow early intervention by the judicial administrative penalties.

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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