Analysis Concerning The Norm Of The Discretion Of Administrative Penalty

On the background of"The Rule of Law",regulating administrative power has become the core value of it. At the same time, the power of the administrative agencies has increased to some extent very large, administrative discretion has arisen too.The exercise of discretionary power by the administration when it performs regulatory or implementation tasks may be necessary, and sometimes politically expedient.It may, however, undermine business confidence, citizens'allegiance to the political system. In a word, it is not therefore surprising that many governments are implementing policies for reducing or eliminating administrative discretion. These policies are briefly examined in the present paper.In recent years, there are certain kinds of serious problems in the law- implementation area, especially in the administrative penalty area, which should cause great attention; abuse of administrative penalty power may threaten the normal legal order in the long run. So it is of great importance that the administrative penalty power be used in proper ways..It is also a world wide trend to regulate administrative penalty power through making the norm of administrative discretion. In many counties, the norm of administrative discretion has become part of the legal system, and it is also very useful in controlling, even totally exclude the abuse of administrative penalty power.Recently, both the central and the local government are trying to exclude the abuse of administrative penalty power through making the norm of administrative discretion, as a kind of self-control, it has great meanings, and it will also contribute greatly to build a modern and reasonable government.