Normative Basis of Additional Administrative Penalties in Local Laws and Regulations
When laws and administrative regulations already provide for an abstract matter,local regulations add administrative penalties for specific matters,including two forms:complete addition and supplementary addition.In determining the legality of such legislative actions,a presumption of legitimacy should be applied according to the legal effect of local regulations,using the dogmatic ap-proach known as"presumption of legality".Article 82 paragraph 1 item 2 of the Legislation Law and Article 12 paragraph 1 of the Administrative Penalty Law together provide the legal foundation for authorizing local regulations to introduce administrative penalties.Article 12 paragraph 3 of the Administrative Penalty Law cannot support the complete addition of administrative penalties by lo-cal regulations,nor does it constitute an independent basis for authorizing such additions.The intro-duction of administrative penalties in local laws and regulations must satisfy certain positive require-ments while not violating negative constraints.The standard of"local affairs"is the only positive criterion for introducing administrative penalties in local laws and regulations.This standard can be analyzed from two dimensions--vertical and horizontal--and can be further subdivided into three cri-teria:the particularity of governance subjects,the uniqueness of regional characteristics,and the var-iation in governance capacities.
Local RegulationsAdministrative Penalty Setting PowerPresumption of LegalityLocal Affairs
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