相对集中行政处罚权制度模式的新架构

The new construction of the power of relatively concentrated administrative punishment system mode

国务院2002年正式发布文件后,相对集中行政处罚权工作从试点转向全面铺开。但是,开展此项事关行政体制重大变革的创新活动时,理论准备之不足、相关制度之欠缺都严重制约着这一先进理念在实践中向纵深发展。相对集中行政处罚权管理模式可从不同角度作不同分类,分析各自的优缺点以选择最佳方案尤为重要。同时,在立法模式选择中应坚持法制统一、系统全面,通过对法律法规的及时修正,不断推动相对集中行政处罚权的完善和发展。

After the State Council issued the No. 17 document in 2002, the experiment work of the power of relatively concentrated administrative punishment has been turned to outspread. But when launching the innovative activity which is related to the important changes for the administrative system, the insufficiency of the theories preparation and the shortage of the relevant systems both restrict seriously this advanced idea developing into depth. The management mode of the power of relatively concentrated administrative punishment can be made different classification from the different directions. Analyzing each form of merit and shortcoming and then choosing the best project are especially important. And in choosing the mode of legislation, we should insist on the unification and completeness of law. By revising the law and the regulations in time, we can continue to promote the improvement and development of the power of relatively concentrated administrative punishment.