On the Specific Application of the Administrative Penalty System Supplemented by Local Regulations——Taking the 45 Local Laws and Regulations in Beijing as the Analysis Examples
The Administrative Penalty Law revised in 2021 breaks through the original mode for the first time concerning setting administrative penalties by local regulations,and gives local regulations the power to supplemen-tally set administrative penalties.This measure highlights the practical value of the theory of decentralized power be-tween central and local governments in China,effectively fills the legislative gap of the higher-level law,and brings local enthusiasm into play as a brand-new initiative keeping pace with the times.Based on the specific legislative practice,this paper takes 45 local laws and regulations issued in Beijing as the analysis example,and examines the current supplementary penalty system from various aspects such as the number,the concentrated fields,and the types of supplementary administrative penalties.Then the tentative suggestions for system improvement are put for-ward:on the one hand,it is necessary to determine the application space of supplementary administrative penalties set by local regulations;on the other hand,it is necessary to improve the institutional framework for supplementary administrative penalties set by local regulations.
local regulationssupplementary setting of penaltieslocal legislationapplicable space
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