On The Procedural Control Of Administrative Penalty Discretion For Food Hygiene

Administrative penalty of food hygiene is featured by discretion ever since it became a law. As the expanding of food hygiene administrative penalty, some problems that cannot be ignored come out from the practical application of discretion . The laws and regulations of our country grant varying degrees of discretion to the food hygiene administrative organs and their law enforcement officer in practice. However, due to the defection of itself and the regulation problems, the discretion is often abused in the enforcement of food hygiene administrative penalty. Based on the actual state in China, this article enumerated the features and problems of the discretion of food hygiene administrative penalty; then analyzed the necessity and the optimal approach of controlling the discretion from the perspective of it's actual harm; lastly, proposed an envisioned concept of controlling the discretion of food hygiene administrative penalty by improving the system of administrative procedure.