Author(s)

Zekun Chang ¹

Affiliation(s)

¹ People's Public Security University of China, Beijing, China

Corresponding Author

Zekun Chang

ABSTRACT

In order to better promote the extension of the reform of the administrative and legal system to the grassroots level and address the theoretical and practical issues faced by administrative punishment in grassroots governance, this study is conducted in accordance with Article 24 of the Administrative Punishment Law, taking into account the formulation background and practical changes of the provision, as well as its practical application in reality.  Through an analysis of the historical evolution and legal nature of the delegation of administrative punishment power to township governments, it clarifies the nature of the township's exercise of administrative punishment power: it is an inherent right of the township people's government, and the delegation of punishment power to townships should be positioned as "administrative return of power". On this basis, the legal nature of the delegation of administrative punishment power to townships is re-understood.

KEYWORDS

Administrative penalty power, Township governments, Property positioning

CITE THIS PAPER

Zekun Chang, Further Exploration of the Positioning of Administrative Penalty Power of Township Governments in China. Social Security and Administration Management (2024) Vol. 5: 24-36. DOI: http://dx.doi.org/10.23977/socsam.2024.050104.

REFERENCES

[1] Xiong Yongxian, Qiu Shuqin. "On the grant and adjustment of administrative penalty power in township streets". Academic Exploration, (2023)6), 91-98.
[2] "Guiding Opinions on Further Promoting the Administrative Reform of Economically Developed Towns", https://www.gov.cn/gongbao/content/2017/content_5157168.htm
[3] "Report on the 19th National Congress of the CPC", http://www.china.com.cn/19da/2017-10/27/content_ 41805113. htm
[4] "Implementation Opinions on Promoting the Integration of Approval Services and Law Enforcement Forces at the Grassroots Level", https://www.gov.cn/zhengce/2019-01/31/content_5362843.htm
[5] "Decision of the CPC Central Committee on Several Major Issues Concerning Upholding and Improving the Socialism with Chinese Characteristics and Promoting the Modernization of National Governance System and Governance Capacity", https://www.gov.cn/zhengce/2019-11/05/content_5449023.htm
[6] Zhang Hong,"General Theory of the New Administrative Punishment Law", Law Press China, 2021.
[7] "Announcement of the Legislative Affairs Office of the People's Government of Shenzhen Municipality on the Administrative Law Enforcement Subject of the Health and Family Planning Bureau of Longgang District, Shenzhen, and Its Delegation to 11 Sub-District Offices for Administrative Law Enforcement", http://www.sz.gov. cn/szzt 2010/ wgkzl/glgk/xzzfgs/content/mpost_6601531.html.
[8] "Regulations on Entrusting the Law Enforcement Agencies of the People's Government of Townships to Exercise Part of the Administrative Law Enforcement Power by the Administrative Law Enforcement Departments of the People's Government of Yinchuan City and Counties", https://www.yinchuan.gov.cn/xxgk/zcwj/ zfgzk/ 202112/ t20211213_ 3218938.html
[9] "List of Administrative Power Items at the Three Levels of Chongqing Municipality, Districts, Counties, and Townships (2020)",https://www.cqna.gov.cn/bm/qmzj/zwgk_ 59968/zfxxgkml/qzqd_162377/xzql/ qlqd/202104/ t20210409 _ 9110722.html
[10] "Announcement of the People's Government of Guangdong Province on Comprehensive Administrative Law Enforcement in Towns, Villages and Streets", http://www.gd.gov.cn/zwgk/wjk/qbwj/yfh/content/post_3060648.html
[11] "Decision of the People's Government of Beijing Municipality on Delegating Some Administrative Law Enforcement Functions to Sub-district Offices and Township People's Governments and Implementing Comprehensive Law Enforcement",https://www.beijing.gov.cn/zhengce/zhengcefagui/202004/t20200416_1805614.html
[12] "The province's first reform plan to delegate power to towns (streets) was approved, and 16 towns (streets) in Jiyuan were granted the power of administrative punishment at the county level", https://www.henan.gov.cn/2022/01-04/2376648.html.
[13] "Decision of the People's Government of Shaanxi Province on Delegating Some County-level Administrative Law Enforcement Powers to Township Governments and Sub-district Offices",http://www.shaanxi.gov.cn/zfxxgk/ fdzdgknr/ zcwj/ nszfwj/szf/202307/t20230725_2294951.html.
[14] "Decision of the People's Government of Shanxi Province on Delegating Some Administrative Law Enforcement Functions to Township People's Governments and Sub-districtOffices",http://www.shanxi.gov.cn/ zfxxgk/zfxxgkzl/ fdzdgknr/ lzyj/szfwj/202210/t20221019_7281509.shtml.
[15] Ying Songnian and Zhang Xiaoying, "24 Years of the Administrative Penalty Law: Review and Prospect”,the Journal of the National Procurator's College, 2020.
[16] Lu Hufeng,"Organizational Law Response to the Comprehensive Transfer of Administrative Law Enforcement Power", Politics and Law, 2022.
[17] Lu Hufeng,"The Institutional Logic and Theoretical Expansion of the Shift of the Administrative Law Enforcement Power", Administrative Law Research, 2020.
[18] Ye Bifeng,"The Legal Response to the Deployment of Law Enforcement Power to the Bottom", Law Review, 2021.
[19] Yang Dan, "Value Analysis and Rule of Law Path of Endowing Township Governments with Administrative Punishment Power", Journal of Sichuan Normal University (Social Sciences Edition), 2021.
[20] Zhang Xiaoying,"Keeping the Original and Innovation: Three Expansions of the Administrative Punishment System", the Weekly of Democracy and Law, 2021.
[21] Huang Haihua,"The Development of Several Systems in the New Administrative Punishment Law", China Law Review, 2021.
[22] Zhang Xiaoying, "Theoretical Development and Practical Progress of Administrative Punishment - Analysis of the Amendment to the Administrative Punishment Law",Economic and Trade Law Review,2021.
[23] Yuan Xueshi,"Interpretation of the Administrative Punishment Law of the People's Republic of China",China Legal Publishing House, 2021.
[24] Jiang Guohua and Lu Yubo, "Legislative Response to the Transformation of China's Township Government Governance System", Central South University for Nationalities (Humanities and Social Sciences Edition),2021.
[25] Yu Shaoru and Huang Weidong: "The 'Bottom-up' Attribute and Application of the 'Transfer of Administrative Punishment Power' Clause", Harbin Institute of Technology (Social Science Edition),2023.
[26] Yang Zhikun, "The nature of administrative punishment power's descending to the township level: based on Article 24 of the Administrative Punishment Law", Law,2023.
[27] Xu Yong, "From Village Governance to Township Administration: The Second Institutional Innovation of Rural Management",Shandong University of Science and Technology (Social Sciences Edition),2002.
[28] Qin Hui, "Ten Theories of Tradition: The System, Culture, and Changes of Local Society", Fudan University Press, 2003.
[29] Wang Wei,"The Logic of Change and Development Path of China's Township Governance", Ningbo Municipal Party School of the CPC, 2015.
[30] Xu Yong, "Rural Governance and Chinese Politics",China Social Sciences Press,2003.
[31] Huang Zongzhi, "Small-scale Peasant Economy and Social Changes in North China", Zhonghua Book Company ,1986.
[32] Liu Wenrui, "Research on the Construction of Grassroots Political Power in Rural Areas in the Early Years of the Founding of New China (1949-1958)", China Social Sciences Press,2019.
[33] Zhan Chengfu, "Research Report on Deepening the Reform of Township System", Open Times,2004.
[34] Xu Yong, "Rural Governance and Chinese Politics", China Social Sciences Press,2003.
[35] Zhang Xinguang, "The Historical Evolution of China's Township Administrative Management System and Its Enlightenment", Nanjing Normal University (Social Science Edition),2007.
[36] Chen Jiyuan, "Rural Social Changes in China (1949-1989)",Shanxi Economic Publishing House,1993.
[37] Li Guixian, "Introduction to Public Administration",People's Publishing House,2002.
[38] Mo Yuchuan,"Analysis and Construction of Administrative Law on Administrative Authority", Chongqing Social Sciences, 2004.
[39] Li Jun, "Decentralization of Administrative Power and Diversification of Administrative Subjects", Shenzhen University (Humanities and Social Sciences Edition), 2002.
[40] Wang Hongjian,"Returning Rights" in Administration and Diversification of Administrative Subjects", Changbai Journal, 2009. 

Sponsors, Associates, and Links

---

• Information Systems and Economics
  
  
• Accounting, Auditing and Finance
  
  
• Industrial Engineering and Innovation Management
  
  
• Tourism Management and Technology Economy
  
  
• Journal of Computational and Financial Econometrics
  
  
• Financial Engineering and Risk Management
  
  
• Accounting and Corporate Management
  
  
• Population, Resources & Environmental Economics
  
  
• Statistics & Quantitative Economics
  
  
• Agricultural & Forestry Economics and Management
  
  
• Social Medicine and Health Management
  
  
• Land Resource Management
  
  
• Information, Library and Archival Science
  
  
• Journal of Human Resource Development
  
  
• Manufacturing and Service Operations Management
  
  
• Operational Research and Cybernetics