The "Administrative Penalty Law of the People's Republic of China" (hereinafter referred to as the "Administrative Penalty Law"), revised in 2021)，Clear "Township People's Government、Sub -district Office "can become the main body of administrative punishment under certain conditions。The "Deepening the Reform of the Administrative Law Enforcement System" and "Improve the Comprehensive Law Enforcement System Mechanism" pointed out by the 20th National Congress of the Communist Party of my country.、Administrative penalties have sinking in the new direction。In the process of comprehensively promoting the sinking of administrative penalties，You need to clarify what functional value of the system is，To compare the practical situation and functional value，Then seek internal differences、Exploring the system improves the road。

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First，This system is conducive to activating the law enforcement advantage of the grassroots government。Compared with the city -level law enforcement department，Township (street) government is closer to the masses、better understanding the law of the society，Can handle the problem of illegal laws at the grassroots level faster。The newly revised "Administrative Penalty Law" not only carried out the legal "declaration"，It also further clarified how the township (street) should exercise the right to administrative punishment，It is conducive to the township (street) to play its own advantage on the track of the rule of law、Standardize the right to exercise administrative punishment，Activate the advantages of the grassroots government in administrative law enforcement。

Next，This system helps to advance the reform of the administrative law enforcement system。After decades of development，my country's administrative law enforcement system from decentralized power reform、Reform of relatively centralized administrative penalties、Comprehensive law enforcement system reform，Then go to the current focus of law enforcement, sinking reform，Always allocated administrative law enforcement rights in two directions，Efforts to adjust the law enforcement Bet365 lotto review system to the best operation status。Before the revision of the Administrative Penalty Law in 2021，Township (street) Although you can exercise administrative penalties in accordance with policy documents，But due to the lack of legal levels，It is inevitable that when exercising the right to administrative penalties，Not Say "。"Administrative Penalty Law" revised，The implementation of administrative penalties for sinking allows township (street) law enforcement forces from "suspended" to "sink"、Administrative penalties are "investigated and integrated" to achieve、Law enforcement permissions at different levels of vertical direction are re -shared、The "blank area" in the law enforcement system is filled，The administrative law enforcement system is further improved。

Last，This system is conducive to optimizing the social governance structure of the grassroots。Township (street) as the "last mile" for the construction of the government of social governance and rule of law，Among them, the law enforcement of township (street) as the peripheral of national governance capabilities，Play an irreplaceable role in stabilizing social order and ensuring people's lives。The newly revised "Administrative Penalty Law" stipulates that towns (streets) exercise administrative punishment，It helps to accelerate the formation of the rule of law environment at the grassroots level，Further improve the street、The basic governance grid and grass -roots governance system centered on townships。Implementation of administrative penalties Sinking system，helps to alleviate the existence of law enforcement.，The contradictions of invisible to the control "。Township (street) After obtaining administrative punishment rights，Being able to participate directly in administrative law enforcement，Participate in the social governance directly at the grassroots level，It helps to form a more complete grass -roots social governance power system。

　The existing deficiency of the administrative penalty right

First，Township (street) law enforcement subject qualifications need to be further confirmed。Ye Bifeng pointed out，Administrative penalties sinking is not only a re -configuration of an administrative law enforcement right at the legal level of administrative behavior，It is also a vertical re -configuration in the sense of administrative organization law。Administrative bet365 best casino games punishment system sinking system includes "granting the right to administrative punishment of towns (streets)" and "township (street) exercise administrative punishment right"。The newly revised "Administrative Penalty Law", although the administrative punishment right of township (street) has made the rules on behavior law，But did not respond to the source of administrative penalties for townships (streets)。The "Local Congress of the People's Republic of China at all levels of the People's Republic of China and the Organization Law of the People's Government of the People's Republic of China" (hereinafter referred to，But because this article stipulates relatively general，Whether it can directly become the exercise of administrative penalties for township (street) still has a large controversy。For this，Township (street) Organization Law that obtains the qualifications of law enforcement subjects still needs to be further proved。

2，Township (street) law enforcement mode needs to be further optimized。Although the township (street) has its own advantages in grassroots law enforcement，But still need to consider the differences in the economic development level of various places、Comprehensive ability of the law enforcement team、Direct requirements of punishment practice，Choose an administrative law enforcement mode that matches the development of the township (street) where the township (street) is located，with a view to the best enforcement effect。Judging from the practice of administrative law enforcement reforms across the country，Mainly "Right and Responsibility List+Joint Law Enforcement" mode、Comprehensive "Comprehensive Law Enforcement" model and "Professional Law Enforcement+Comprehensive Law Enforcement" model three functional modes。Where，"Right and Responsibility List+Joint Law Enforcement" mode focuses on the law enforcement needs，The effective transition from the comprehensive law enforcement model without realization; the comprehensive "comprehensive law enforcement" model is in line with the inherent requirements of the current comprehensive law enforcement reform，More in -depth in comprehensive、It is more extensive in the integrated range; the "professional law enforcement+comprehensive law enforcement" mode belongs to the compromise law enforcement mode，Leave the law enforcement matters that the township (street) temporarily unable to undertake in the hands bet365 live casino games of the city and county departments。Sinking in administrative punishment，Township (street) must also choose a law enforcement mode that matches its own law enforcement capabilities when undertaking the right to punish。

third，Township (street) law enforcement team capabilities need to be further strengthened。The prerequisite for the sinking of administrative punishment rights stipulated in Article 24 of the Administrative Penalty Law of the Administrative Penalty Law emphasized that the township (street) "can effectively undertake" administrative punishment right。This regulation put forward new requirements for the ability of the township (street) law enforcement team。The problem of insufficient ability to enforce the enforcement team at the grassroots level is not caused by the implementation of the administrative penalty system，but just more prominent in the large -scale implementation of the system。Administrative penalties sinking requires that towns (streets) must have a law enforcement team that can undertake punishment。From the perspective of existing practice，More townships (streets) have insufficient persons with law enforcement qualifications、Insufficient preparation of staff，There is still a large gap with the requirements of "being able to effectively undertake" administrative punishment。Although Article 24 of the "Administrative Penalty Law" stipulates that the ability to undertake administrative punishment rights in towns (streets) shall be evaluated，Townships (streets) with insufficient law enforcement capabilities undertake administrative punishment right，But if you want the system of administrative penalties，Improving the law enforcement team ability of township (street) is the urgent need。

Fourth，Township (street) law enforcement supervision mechanism needs to be further established。Article 24 of the Administrative Penalty Law through "regular evaluation" and "organizational coordination、Business Guidance、Law Enforcement Supervision "" Review、Assessment "and other measures to achieve full supervision of administrative penalties to sink and sinking the main body。But from the perspective of legal regulations，One aspect，The provisions of the "Administrative Penalty Law" are not clear enough。For example，"Regular assessment" includes before the administrative punishment rights are sinking、Evaluation after sinking; how to Bet365 lotto review calculate the time point of "business guidance"、Is it forced to the guidance department; "Review、Assessment "specific content、What are the legal responsibilities and other content requires all localities to refine it through implementation rules。On the other hand，Administrative penalty sinking not only needs to supervise the undertaking subject，It also needs to supervise the decentralized subject。Provincial、Autonomous Region、The municipal government directly under the Central Government has not reasonably evaluated the law enforcement capacity of the subject of the subject, and the right to punishment、What responsibilities should be assumed without performing the duties of business guidance and evaluation and assessment，The "Administrative Penalty Law" has not made a direct response to these contents，It also needs to be stipulated through the implementation rules。In short，Systematic township (street) law enforcement supervision mechanism needs to be further improved。

　The improvement of the system of administrative punishment and sinking system

First，Confirm that administrative punishment rights to sink to Shenxiang Township (street) are the main qualifications。Article 24 of the "Administrative Penalty Law" is the basis for the supply behavior of the sinking system of administrative penalties，"Local Organization Law" shall supply the basis of the organization law for the system。At present, Article 76 of the Local Organization Law stipulates the regulations for the authority of the township people's government is relatively general，It is recommended to explain the article with a legislative explanation，Drives from the existing terms to enjoy the right to administrative punishment from the existing terms，Apart from confirming the main qualifications of its administrative law enforcement。

2，Improve the law enforcement ability of township (street)。2019 "Implementation Opinions on Promoting Grassroots Integrated Approval Service Law Enforcement Power" (hereinafter referred to as "Implementation Opinions") proposes to "promote the preparation of resources to towns and towns and streets，Encourage the use of administrative and career preparation，Try to strengthen the work force of the grassroots level "。Governments of various local governments are in the implementation of administrative penalties and sinking systems，The bet365 live casino games requirements of the "Implementation Opinions" should be implemented，Tilled towns (streets) in the preparation、Adjust the current personnel flow mechanism。other，Provincial、Autonomous Region、Government of municipalities directly under the Central Government shall increase fiscal expenditures for townships (streets)，Provide financial protection for undertaking subjects。By enriching the strength of the law enforcement team、Improve law enforcement ability，Make townships (streets) can effectively undertake the right to sink in administrative punishment。

third，Set up the dynamic adjustment mechanism of administrative penalties to Shenxiang Township (street)。Setting dynamic adjustment mechanism is essentially the direct implementation of "regular evaluation" measures。First，Provincial、Autonomous Region、The municipal government directly under the Central Government is before sinking administrative penalties，It should be communicated with the subject of the proposed maintenance，Evaluate it from the two aspects of the "grass -roots management urgent need" and "can be effectively undertake"，Make a decision to sink。Next，Provincial、Autonomous Region、Government of municipalities directly under the Central Government should also establish a post -event evaluation、Information sharing and other mechanisms，Grasp the practical needs of administrative punishment of township (street)，Timely solve problems encountered in the administrative penalty of township (street)，Configuration of optimizing administrative penalties，Implement the principle of dynamic balance。

Fourth，Improve the supervision mechanism of administrative penalties to Shenxiang Township (street)。Administrative punishment rights to sink to Shenxiang Township (street) supervision mechanism，It mainly includes analogy review and evaluation、Organization coordination、Business guidance and regular evaluation、Public、Assessment and evaluation。Early evaluation and supervision mechanism In addition to refining the evaluation rules，It also needs to strengthen the standardized design of the evaluation program。Provincial、Autonomous Region、Government of the municipality directly under the Central Government cannot let go，The supervision of the right to punish the punishment of the township (street) should be achieved through business guidance and power coordination。Provincial、Autonomous Region、Government of the municipality directly under the Central Government also needs to quantify the assessment standards to evaluate and evaluate the practical effect after the punishment right，Timely solve problems exposed Bet365 lotto review during the law enforcement process，To maximize the value of administrative penalties to the system value。

　　(The author is a professor at the Government Research Institute of China University of Political Science and Law)