行政执法权下沉的制度价值与实践路向

The System Value and Practice Direction of Downward Shift of Administrative Law Enforcement Power

行政执法权下沉至乡镇人民政府和街道办事处是我国行政执法体制改革的重要方面,中央政策文件和《行政处罚法》等立法已有相关要求和规定,但在实践推进中仍有不少问题需要解决。从行政权配置和行政执法体系完善的高度认识行政执法权下沉的基本目标和制度价值,认清基层政府行使行政执法权的意义,并坚持基层政府行政执法权配置的体系性、统一性、灵活性、综合性等原则,是行政执法权下沉改革成功的关键。从具体实践路径来看,需要从立法推进、省级赋权、配套机制和评估机制建设等方面完善基层政府行政执法制度,确保基层政府行政执法权的规范、有效行使。

It is an important aspect of the reform of China’s administrative law enforcement system that the enforcement power is transferred to township people’s governments and sub-district offices.There are relevant requirements and provisions in central policy documents and legislation such as the Law on Administrative Penalty,but there are still many problems to be solved in practice.The key to the successful reform of the downward shift of administrative enforcement power is to understand the basic goal and system value of administrative enforcement power from the perspective of the allocation of administrative power and the perfection of the administrative enforcement system,as well as to recognize the significance of administrative law enforcement power exercised by the grassroots government,and to adhere to the principles of systematization,unity,flexibility and comprehensiveness of the allocation of administrative enforcement power of the grassroots government.From the perspective of specific practical paths,it is necessary to improve the administrative law enforcement system of grassroots governments in the aspects of legislative promotion,provincial empowerment,construction of supporting mechanisms and evaluation mechanisms to ensure the standardized and effective exercise of administrative law enforcement power of grassroots governments.