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Administrative penalty decision was served system problem

Author: ZhenHongYu
Tutor: WangChengDong
School: China University of Political Science
Course: Legal
Keywords: Administrative penalty decision Served hard Circumvent governance
CLC: D922.11
Type: Master's thesis
Year: 2011
Downloads: 64
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Abstract

Administrative punishment decisions the book served administrative subject to administrative penalties fact, according to the decided timely and appropriate to inform relative, to fulfill a the administrative legal obligation to inform way related to the commencement of the administrative punishment, the end of the administrative penalty decision procedures signs, but also administrative penalties to determine the starting point of the book subsisting in law. Administrative penalty decision in writing is also relatively aware of the fact that administrative punishment based on the results and the statutory means of procedural rights, related to the realization of the of protection relative's right to know and democratic supervision, and related to the relative filed an administrative reconsideration, the period commences administrative proceedings, administrative punishment decision to serve the regime understood the importance of. In the current enforcement process, lack of sense of responsibility relative escaping served to avoid the obligation to sign administrative subjects can not be successfully completed in accordance with legal procedures served, served Affairs squeeze a lot of administrative resources, \\\In view of this, I combine the administrative penalty decision was served on the laws and regulations of the administrative penalty decision in writing to the system were analyzed and selected urban management administrative penalty decision \served difficult \This article is divided into three chapters: The first chapter analyzes the value objectives and functions of the administrative penalty decision was served on the system. Protection serve related to the relative person's right to know through constitutional studies and Administrative Law, the administrative penalty decision, the ability to secure the quick completion of delivery affect the efficiency and cost of the administrative body of administrative law enforcement, so I believe that the procedural safeguards and effectiveness is a major value targets should pursue. Under the guidance of the procedural safeguards and efficiency values, I administrative penalty decision in writing to the functionality of the program to the new positioning. Improve the administrative penalty decision in writing rules should be guidelines as to the value of the procedural safeguards and effective two new functional positioning requirements. The second chapter analyzes served hard \Urban management administrative penalty decision \circumvent the sign the obligations; difficulty lies in the difficulty indwelling served program restrictions Witness system run blocked; difficult difficult service by post is not clear that the powers and responsibilities of the post office, served effect is difficult to guarantee. Of \After analysis, I think, relative avoid receipt obligations, leading to the administrative penalty decision served hard \receipt obligations the inevitable reaction while avoiding disadvantages \uneven, mainly in the following three aspects: First, the administrative body and relative between right (power) and obligations. Served existing rules, the administrative body for the relative free from major defects served on the administrative penalty decision, owed with the receipt obligations, and did not make any provisions, apparently such provisions coupled with the relative sense of responsibility contributed to the relative lack of circumvention sign obligations, resulting directly \Second, served rule rigidity more than the lack of flexibility. Performance for the pursuit of a universal method of service because of the legislation, too, too many restrictions on service of process, the lack of simple, flexible and has a flexible manner of service, the program enough economic measures, repeatedly served serious. Third, the lack of guarantee provisions of the efficiency of law enforcement. Served hard in fact a legal impasse relative Bierbuxian, the administrative subject can not be effected, unable to advance, administrative procedures affecting the efficiency of law enforcement, so I think that should be clearly defined fiction served system break the deadlock. Chapter on the basis of the first two chapters, the author believes that address served hard, procedural safeguards and effective guidelines as a value, and procedural safeguards established in accordance with the positioning requirements of the new features, the first effective service principles; Second reasonable standard service of legal relations, strengthen the obligations of the receipt of the relative rights (force) between the main obligation of balanced, while establishing the terms of the protection of law enforcement efficiency, escaping served result relative \main fulfill the administrative notification obligation under the premise the established pro forma served system requires strict conditions in order to protect the relative people's right to know, fiction delivery system applicable; perfect again extended the manner of service; finally establish internal constraints external oversight of administrative punishment to the discretion of the mechanism to standardize law enforcement activities to promote impartial law enforcement.

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