magazinelogo

Journal of Humanities, Arts and Social Science

ISSN Print: 2576-0556 Downloads: 472860 Total View: 3629669
Frequency: monthly ISSN Online: 2576-0548 CODEN: JHASAY
Email: jhass@hillpublisher.com
Article Open Access http://dx.doi.org/10.26855/jhass.2023.02.033

To Explore How to Enhance the Efficacy of Administrative Penalty

Yang Chai

China University of Political Science and Law, Beijing, China.

*Corresponding author: Yang Chai

Published: March 29,2023

Abstract

Administrative penalty is one of the specific administrative acts, whose purpose is to standardize the behavior of the counterpart and guide the counterpart of penalty to be good. However, due to the personal interest motive, low moral level and lack of legal literacy, some administrative law enforcement officials abuse their discretionary power and impose administrative penalty on the counterpart of penalty in violation of legal procedures, which not only increases the litigation burden of the counterpart of penalty, wastes limited judicial resources, and has a negative social guiding effect. It also tramples on the authority and dignity of the law, and will seriously undermine judicial credibility and weaken the government's management function. Therefore, it is imperative to enhance the efficacy of administrative penalty. This article proposes to investigate the personal legal responsibility of some administrative law enforcement officials who impose administrative penalties against the law, improve the moral and legal literacy of administrative law enforcement officials, regulate the discretionary power of administrative penalties, directly cancel administrative penalties in violation of legal procedures, and conduct judicial review of the rationality of administrative penalties, so as to seek possible ways to enhance the efficiency of administrative penalties. Give full play to the guiding and educational role of administrative penalty, and constantly improve and perfect the social management function of administrative organs.

References

Bixin Jiang, Tingyi He. To carry out "Administrative Punishment Law" need to focus on several problems [J]. Law Science (Journal of Northwest University of Political Science and Law), 2021, 39(05):43-52.

Buhong Zhang. The substantive treatment and legal responsibility of administrative punishment procedure [J]. Journal of the National Academy of Prosecutors, 2020, 28(05):49-63.

Fusheng Li. On the classification, effect and judgment of illegal administrative acts [J]. Journal of Fujian Public Security College, 2003(04):82-84.

Hao Mu. On the discretion in administrative punishment [J]. Fujian Forum (Social Science Education Edition), 2010(04): 19-20.

Jie Ning. Identification, treatment and countermeasures of specific illegal administrative acts [J]. Journal of Jiangsu Police College, 2003(04):106-112.

Ruimin Yao. On the illegality of administrative act [J]. Journal of Jiangxi Institute of Administration, 2000(01):63-64.

Shanming Yang. Specific administrative acts illegal personal reasons and preventive measures [J]. Xinjiang People's Congress, 1996(08):17-19.

Tao Liu. Study on the illegal procedure of administrative Punishment and its countermeasures [J]. Journal of Hubei University of Economics (Humanities and Social Sciences edition), 2008(08):97-98.

Xiaoxue Cai. On the conditions of legal administrative punishment (1) [J]. China's Health Legal System, 1994(06):4-7.

Xiaoxue Cai. On the conditions of legal administrative punishment (sequel) [J]. China's Health Legal System, 1995(01): 4-6.

Xuejiao Huang. Discussion on the Standard of "Obviously Improper" Administrative Judgment—An Analysis of the administrative penalty cases in the Bulletin of the Supreme People's Court and the Guiding Cases of the Supreme People's Court [J]. Journal of Henan University of Economics and Law, 2017, 32(02):36-42.

Yan Zhi. Brief Discussion on insisting on legal and appropriate administrative punishment [J]. Inner Mongolia Technical Supervision, 1999(01):27-28.

How to cite this paper

To Explore How to Enhance the Efficacy of Administrative Penalty

How to cite this paper:  Yang Chai. (2023) To Explore How to Enhance the Efficacy of Administrative Penalty. Journal of Humanities, Arts and Social Science7(2), 429-433.

DOI: http://dx.doi.org/10.26855/jhass.2023.02.033