| Depending on the actual needs of local governance, it may be necessary and reasonable for local governments to set "other administrative penalties" through standalone local legislation, or to supplement the local executive regulations with administrative penalties for illegal acts. Article 12 Paragraph 3 of the Administrative Penalty Law empowers local legislative organs to supplement administrative penalties through local executive legislation. In order to ensure that local legislative organs exercise this power reasonably, it is necessary to determine the scope of its application. To avoid excessive or over-complicated administrative penalties, local legislative organs should follow the principle "not to set unless necessary", and comprehensively consider the certainty, rationality, and fulfilability of the content of the obligations, identifiability of illegal acts, among various other factors, when legislating for supplementary administrative penalties. The permissible administrative penalties to be supplemented by local regulations should be limited to the types of administrative penalties stipulated in the primary legislation, and should not exceed the range of penalties stipulated in the primary legislation. |
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