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相对集中行政处罚权实施以来,该制度对于遏制行政处罚中执法尺度不统一、重复处罚等乱象起到良好的作用,但是在集中行使处罚权实施过程中,由于配套规定的不足,在对于集中行使行政处罚权实施的行政处罚进行行政复议时存在着不同的理解,甚至导致了一些行政复议案件久拖不决、无限期拖延的情形。本文以文化市场的集中行使行政处罚权为例,分析了当前集中行使处罚权的省级政府设置模式以及集中行使处罚权过程中存在的行政复议虚置、行政复议陷入无限期拖延以及由此导致的行政诉讼久拖不决等弊病,反思了当前集中行使行政处罚权的层级设置模式,相对集中行使行政处罚权行政复议的配套规定缺失以及集中行使行政处罚权行政复议居高不下的维持率等问题。提出了在当前授权型集中行使行政处罚权的实施过程中,在现有模式下可以由设立集中行使行政处罚权的省级人民政府集中行使行政复议权,在设立集中行使行政处罚权行政机关的同时明确其是否具有行政复议权限,从长远来看采取集中行使行政复议权对应集中行使行政处罚权的机制,设置行政复议委员会专门受理集中行使行政处罚权过程中产生的行政复议,通过设置多种行政复议的决定种类,增加“责令被申请人撤销或者变更行政行为”的行政复议处理决定种类,防止行政复议机关因避免成为行政诉讼被告而大量维持原行政行为,解决居高不下的行政复议维持率问题。
Since the implementation of the centralized administrative punishments, the system has played a good role in curbing the unification and repeated punishments in the administrative punishments. However, due to the lack of supporting regulations, There are different understandings in the administrative reconsideration of administrative penalties for the implementation of the administrative punishments, and even lead to some cases of administrative reconsideration cases that are protracted and indefinitely delayed. This article takes the centralized exercise of administrative penalty right in the cultural market as an example to analyze the current setting mode of provincial government focusing on the exercise of punishment power and the existence of administrative reconsideration in the process of centralized exercise of punishment power. The administrative reconsideration falls into an indefinite delay and thus leads to The administrative litigation has been dragged on for a long time and many other defects have not been solved. The current mode of hierarchical arrangement of exercising the right of centralized administrative punishment is reflected. The lack of supporting regulations for the administrative reconsideration of relatively centralized exercise of administrative punishment and the high maintenance rate of administrative reconsideration for centralized exercise of administrative punishment problem. In the current mode, the provincial people’s government, which centralized the exercise of the power of administrative penalty, can concentrate the exercise of administrative reconsideration right in the process of implementing the current authorization-centered centralized exercise of administrative punishment right. When setting up the centralized administrative authority of administrative penalty, At the same time, it also clarifies whether it has the authority of administrative reconsideration. In the long run, it adopts centralized reconsideration of the power of administrative reconsideration in response to the centralized exercise of the power of administrative penalty, and sets up an administrative reconsideration committee to specially accept the administrative reconsideration arising from the centralized exercise of administrative penalty. Increase the types of decisions on administrative reconsideration and decide on the types of decisions for administrative reconsideration, and prevent the administrative reconsideration agencies from maintaining the original administrative acts in large quantities in order to avoid becoming administrative defendants, so as to solve the problem of high administrative levels Reconsideration of maintenance issues.