On The Basis Of Discretion Of Tourism Administrative Punishment

The discretionary standard of tourism administrative punishment is a kind of self-made regulation within the administrative department of tourism, which is a kind of system innovation of the tourism administrative department to self restraint of the discretion power of the tourism punishment. Starting with the concepts and characteristics of the discretionary standard of tourism administrative punishment, this article analyzes and discusses its nature, effect, mode and the scope of its application. Through the analysis of the specific case, summarizing of the main illegal acts of the discretionary standard of tourism administrative punishment, which are divided into four types, which reveals furtherly the present situation of the development of China’s discretionary standard of tourism administrative punishment. Although the discretionary standard of tourism administrative punishment as been universally established in the nationwide, due to the drafting of motivation is passive, the content of the system lacks of professional skills and knowledge, when applied, the system is full of regional conflicts, the law enforcement person are in the low quality and other reasons, our country the discretionary standard of tourism administrative punishment is facing many realistic problems. On the basis of analyzing the causes of the problems, the author puts forward some suggestions on how to improve China’s the discretionary standard of tourism administrative punishment.This article is divided into four parts:The first part of the article mainly outlines for the discretionary standard of tourism administrative punishment, making clear the nature and effect of the discretionary standard of tourism administrative punishment, based on explaining basic concepts and characteristics of the discretionary standard of tourism administrative punishment, and combining with practical development of the discretionary standard of tourism administrative punishment all over the country, analyzing of the existing basic model of the discretionary standard of tourism administrative punishment, summarizing the specific scope of application of the discretionary standard of tourism administrative punishment.In the second part, through analyzing illegal travel behaviors are divided into four main types of the discretionary standard of tourism administrative punishment, combining with the actual case of tourism administrative punishment, to specify the application situation of the discretionary standard of tourism administrative punishment in practical enforcement process.The third part of the article mainly introduces the background of the establishment of China’s discretionary standard of tourism administrative punishment, development status and the practical status quo in various regions, at the same time, affirming the unique advantage of the discretionary standard of tourism administrative punishment, and points out that is facing the drafting of motivation is passive, the content of the system lacks of professional skills and knowledge, when applied, the system is full of regional conflicts and other practical problems in the process of the application.In the fourth part the author puts forward some suggestions based on the practical problems of China’s discretionary standard of tourism administrative punishment.