On The Power Of Industrial And Commercial Administrative Penalty Discretion And Control

Administrative discretion comes into existence during the process of gradual expansion of administrative power under modern socio-economic background, it is the core of the administrative power and the main form of its expression. It can be said that "the combination of principle and flexibility is a feature of modern administration", thereby has positive significance. However, the administrative discretion as the American authority of the administrative law scholar Kenneth cup Davis of the comments: "Discretion just like an ax, when used correctly, he is a useful tool, otherwise harm's murder weapon ". Because" all the powerful men tend to abuse of power, this is a never changed rule. Powerful people have been using to power in the event where only the limits of the rest." In order to meet the needs of economic management, China which is undergoing the social transition has established a large number of executive and legislative commissions, which gives too much discretion to administration of industry and commerce. However, the imperfections of the executive legislation and loose oversight mechanisms led to the abuse of punishment discretion for industrial and commercial administrative officials.Therefore, it is necessary to establish a relatively perfect and systematic monitoring mechanisms of administrative discretion which must be controlled. Modern administrative law is also developed during the process of gradual expression and reinforcement of administrative discretion. In order to prevent administrative discretion from being abused, all kinds of treasure must be taken ,which has been not only one of the important tasks of the administrative law but the problem the administration needs to solve. This thesis is at the angle of administrative discretion industrial control, and try to discuss control on administrative discretion hoping to be helpful for establishment of all-round and systematic monitoring mechanisms.This thesis contains three parts:The first part discussed the theories of the administrative-punishment discretion.The second part analyzes the question of the administrative punishment discretion. The author discuss the need of control on administrative discretion, at the view of the possibility reality and harmfulness of abuse as well as. The third part of discuss the rationality of controlling problem on administrative-punishment discretion. In view of the condition and problems on the administrative discretion in China, this part give suggestion on perfection of legislature, strengthen administrative supervision, improve the judicial review and enhance social supervision, and so on, to rebuild the mansions of monitoring mechanisms on administrative discretion.In theory, the study of the administrative discretion are never be fresh, but analysis on administrative punishment and its controlling at the view of a Law Department are few. Industrial and commercial administrative punishment discretion to title for a master's degree thesis, the author is hoping to offer valuable suggestions with a view to the promotion of administrative discretion research help.