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.
关键词
地方性法规/行政处罚设定权/合法性推定/地方性事务
Key words
Local Regulations/Administrative Penalty Setting Power/Presumption of Legality/Local Affairs
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