Discretion Of The Administrative Penalty To Standardize The Approach To Study

Administrative discretion is government administrative power is an important part of administrative power, which is also the most significant part, it can let the administrative law enforcement subject about dealing with the situation is to improve the administrative efficiency, the necessary permissions. Administrative penalty of belonging to administrative law enforcement, the management of social life of function and range along with the development of society and expanding, and in order to be more flexible and efficient to achieve social management and supervision and state laws and regulations and give administrative punishments for a lot of discretion, meanwhile, it is also because there are a lot of administrative penalty discretion, make its "freedom" range for further expansion, abuse administrative penalty discretion behavior. Therefore, how to lawful and reasonable exercise administrative penalty discretion, make its modest benign operation is a realistic topic.This paper from the administrative discretion formation, characteristics and existing, analyzes the necessity of administrative penalties at the discretion of the field with the characteristics and differences of administrative discretion; Secondly the administrative punishments by some about the litigation cases, the conclusion is that the abuse administrative penalty discretion, and analyzes the performance of abusive behavior to the society management and administrative relative rights; the harm Then analyzes the administrative penalty discretion is easy to abuse, except for the cause of freedom outside power itself, the law gives flexibility discretion space too wide, the lack of effective supervision mechanism are the main reasons caused by abuse; Administrative penalty discretion is indispensable, and its actual operation situation is not optimistic, to make it play the effective management of the play, we must put its standardized operation in law and within the framework of legal inner spirit, therefore, this paper concludes and puts forward some administrative penalty discretion standard way, the hope can contain abuse phenomenon and reasonable exercise administrative penalty discretion provide some useful reference.