On the Effectiveness of the System of Delegating the Power of Administrative Punishment

Abstract

The system of "delegating the power of administrative punishment" established in Article 24 of the "Administrative Punishment Law" breaks through the level restriction of the exercise of administrative punishment power and extends the power of administrative punishment to the grass-roots level to a certain extent, which is an important institutional way to improve the predicament of administrative enforcement power at the grass-roots level. However, with the continuous application of this system, the problem of its effectiveness has become increasingly prominent. In terms of the way and content of empowerment, "urgent need of grass-roots management" and "able to effectively undertake" should be used as the judging criteria for the delegation of administrative punishment power, and provincial subjects should establish a differentiated list of administrative punishment power delegation according to relevant provisions. In the operation of power, we should enhance the undertaking ability of the undertaking subject from the perspective of the establishment of law enforcement agencies in townships (streets) and the allocation of law enforcement personnel, so as to ensure the effective operation of power. In terms of system supervision, we should make clear the subject and way of supervision to prevent the abuse of the power of administrative punishment.