Journal of Beijing University of Posts and Telecommunications(Social Sciences Edition) ›› 2023, Vol. 25 ›› Issue (1): 86-93.doi: 10.19722/j.cnki.1008-7729.2022.0128

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On Effectiveness of Decriminalization of Administrative Law Enforcement Organs


  1. School of Economics, Management and Law, University of South China, Hunan Hengyang, 421001, China
  • Received:2022-10-18 Online:2023-02-28 Published:2023-02-28

Abstract: Decriminalization has always existed in the practice of administrative law enforcement, and it essentially belongs to administrative discretion. The decriminalization disposal made by administrative law enforcement organs should meet the effective requirements of proper subject, proper authority, reasonable content, proper procedure and legal form, so as to produce corresponding legal effects in conformity to the purpose of administrative law enforcement organs. Because of the differences of effect objects, effect content of decriminalization is not the same. As to the administrative law enforcement organs, once the decriminalization disposal is made, they should be strictly bound by it, and should not arbitrarily change or cancel it without legal reasons and legal procedures. As to the counterparts, decriminalization disposal has two legal effects: incontestability and enforcement. As to other organs of power, decriminalization disposal should be respected.

Key words: administrative law enforcement organs, decriminalization, effective elements, effect type

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