基层综合行政执法改革的问题分析与对策建议

Analysis and Suggestions on the Problems in the Reform of Comprehensive Administrative Law Enforcement at the Basic Level

综合执法改革试点以来已经历三个阶段,目前正处在整合审批服务执法资源下沉街道乡镇阶段。基于基层调研梳理综合执法改革中遇到的职责边界不清、集中处罚事项过多、“小马拉大车”、案件移交不到位、查处取证难、配合保障机制不健全等矛盾和问题,推出优先采取配合大部门制改革的部门领域内综合执法为主要路径的改革建议,提出综合执法行政处罚职权划转应遵循依法划转、管理权与行政处罚权相统一、执法高效、有限集中等原则,集中与下方行政处罚权要注重适宜性,重点是针对面上的、处罚简单易行的、技术含量不高的、易反复行为的行政处罚权。

Since the pilot of comprehensive law enforcement reform,it has gone through three stages.At present,it is in the stage of integrating approval service and law enforcement resources.Based on grass-roots research,sort out the contradictions and problems encountered in the comprehensive law enforcement reform,such as unclear responsibility boundary,too many centralized punishment items,small horses pulling carts,inadequate case transfer,difficult to find and obtain evidence,imperfect coordination and guarantee mechanism,and put forward reform suggestions that give priority to comprehensive law enforcement in the field of departments that cooperate with the reform of large department system as the main path,It is proposed that the transfer of comprehensive law enforcement administrative punishment authority should follow the principles of transfer according to law,unification of management power and administrative punishment power,efficient law enforcement and limited concentration.The centralized and lower administrative punishment power should pay attention to suitability,focusing on the administrative punishment power that is common to apply,easy to implement,has low technical content and is easy to repeat.