Study The Regulation Of Food Hygiene Administrative Penalty Discretion

As the core content of modern administrative law, administrative discretion is an important power that authorized by law to the administrative organ. With the development of China's food safety regulatory, the discretion of the administrative penalty presents a trend of expansion. The existence of the administrative discretion, on the one-hand, adapted to the need for food safety regulation in modern society, on the other hand, the abuse of the discretion of the administrative penalty of food will bring serious negative effect. How to control the discretion of the administrative penalty of food effectively to make it serve the society best has become a very important question in modern administrative law area and The areas of food safety regulation. The paper analysis the origin of the discretion of the administrative penalty of food and describs the performance, analyzes the various performance of the abuse of discretion food administrative penalty and the reasons of Produce, and discuss the Rules and regulations to control the discretion of the administrative penalty of food.