论文部分内容阅读
国家权利保障机制日臻完善,公民法律意识日引月长,行政处罚的程序正义也日趋寸辖制轮。囿于此,近年来,烟草行政执法部门因程序违法遭遇行政诉讼且败诉的案件时有发生,加之今年5月初新《行政诉讼法》的实施,烟草行政执法部门或将面临大批量行政诉讼“兵临城下”的困境。在此严峻形势下,本文着眼烟草行政处罚程序违法现状,分析其产生缘由,并初步探究有效规避程序违法之对策,以期完善烟草行政处罚程序,指导行政处罚实践,防控法律风险,助力法治烟草建设。
The system of guaranteeing the rights of the state is perfecting day by day. Citizens’ legal awareness has been on the rise and the procedural justice of administrative punishment has also become increasingly dominated by the government. In recent years, tobacco administrative law enforcement departments due to procedural violations suffered administrative lawsuits and cases of losing the occasion occurred, combined with the new “Administrative Procedure Law” in early May this year, the implementation of tobacco administrative law enforcement departments or will face a large number of administrative proceedings “Binglin city” predicament. In this severe situation, this article focuses on the status quo of tobacco administrative penalties violations, analysis of its causes and preliminary explore effective countermeasures to avoid procedural violations in order to improve the tobacco administrative penalties, guide the practice of administrative penalties, prevent legal risks and help the rule of law tobacco Construction.