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Commissioned by the administrative penalty system research

Author: LiJinFeng
Tutor: WangChengDong
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Administrative penalty Punishment commissioned Penalty decision Protection of human rights
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 75
Quote: 0
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Abstract


Commissioned by China's administrative penalty system is a creation of the executive and the legislature, and its essence is the right to the implementation of administrative penalties overall (investigation gathering evidence right the punishment decision rights, the implementation of the specific penalty decision rights) a disguised form circulation. It to help alleviate the human, material and financial resources, lack of administrative organs to implement the administrative penalty, but fundamentally, there is the potential infringement of civil rights abuses - the Punishment rights abuse. In the long run, the status of the system does not conform to the basic requirements of the modern administrative rule of law, does not have the value of sustainable development. Combination of the actual situation, learn from the advanced legal systems of some developed countries and regions in the repeated to research currently punishment commissioned theory premise proposed narrow authorized scope of our system of administrative penalties commissioned - commissioned only administrative punishment in the implementation of the right to investigate and collect evidence and the execution of the penalty decision powers of the administrative penalty decision by the executive to retain the idea. Text composed by three parts of the introduction, body and conclusion. Introduction from the legislation and practice of administrative penalties commissioned analyzes raised the problems of the administrative penalty commissioned system currently in place, and then combined with the present, China's administrative penalty commissioned system Research pointed out that the purpose of the writing of this article. The text is divided into five parts: the first part is the basic problem of the theory of the administrative penalty commissioned to re-examine the Administrative Punishment commissioned theory, pointed out that the implementation of the rights of China's current administrative penalties after extensive research and in-depth thinking based on overall commissioned theory exists a defect, does not comply with the characteristics of the mandatory sanctions the right of the national administrative penalties. The second part of substantive law on administrative punishment commissioned system. First, the characteristics of the current system of administrative penalty commissioned; followed by the implementation of the system of administrative penalties entrust our practice, administrative organs at all levels are varying degrees of administrative penalties were entrusted with the implementation; once again cited entrusted with the implementation of the administrative penalty the drawbacks as well as practice corresponding improvement measures taken to address these issues; Finally, the effect can be achieved by the response measures taken by the author on the practice questioned. The third part discusses the theoretical level and legislative level delegate does not have the legitimacy of the current sense of the administrative penalty. From administrative commissioned characteristics, the attribute of the administrative penalty, the relationship between the people and the country, the protection of human rights, the responsibility of the Chief, terms of statutory different angles, demonstrated administrative punishment in the strict sense of the national force backed Punishment rights Suitable for delegate. Commissioned by the administrative penalty system based on our reasons, historical background, the current implementation of the right to administrative penalties overall delegate, there are penalties for the implementation of the right of the overall circulation can not effectively control the possible abuse of power, is not conducive to the protection of civil rights. The fourth part introduces the revelation of the the offshore penalty system and China's specific national conditions to adjust the current system of administrative penalties commissioned. Two Schools on the subject of the administrative penalty, whether it is the jurisdiction of the Court based the jurisdiction of the executive authorities, supplemented by the primary jurisdiction of the court or the jurisdiction of the executive authorities, supplemented, are permeated with the premise \high rights privileges exercised as persistent transaction, in principle, should be appointed to the legal concept of a public law duty and civil servants to bear the duty of loyalty. \China's specific national conditions and other developed countries, there is a big difference: China's land area, uneven regional development, a large population, the uneven quality of personnel, the complexity of the violations require administrative penalties range. As well as long-standing history of evolution characteristics of the system result in a short period of time to cancel our existing administrative penalties commissioned system such as the practice of developed countries and regions, and to the exercise of the right to administrative punishment by the administrative authorities and the courts is not realistic. Therefore concluded that we need a necessary to effectively protect the administrative punishment powers are not abused, administrative penalties delegate system - that is innovative punishment system needs to be commissioned by the design concept, taking into account China's specific national conditions. The fifth part of the innovative system concept was commissioned by the existing administrative penalties. Focus on the current delegate system of administrative penalties minor repairs can not fundamentally solve the problem, attention should be transferred to the decomposition of administrative penalties on the implementation of the right that is no longer the overall implementation of the right to administrative penalties commissioned, but reserved decision on punishment rights, to investigate and collect evidence of the right to delegate out specific penalties for the implementation of the decisions. Then put forward some suggestions and ideas, the public prosecution and the defense system introduced in the newly constructed administrative penalty commissioned system, allowing legal career service system 4 involved in administrative penalties commissioned. The conclusion from the defects of the current system of administrative penalty commissioned paper presented in the context of building a democratic state under the rule of law, combined with China's actual conditions transformation system of administrative penalties commissioned (punishment decision rights reserved the right to investigate and collect evidence, and specifically to the implementation of the decision on punishment entrust) helps the the regulatory administrative penalties commissioned possible the Punishment rights abuse, the effective protection of the fundamental rights of citizens.

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