Research On The Discretionary Basis System Of Administrative Punishment

The CPC Central Committee and the State Council issued the "Construction of the Government under the Rule of Law Implementation Outline(2015 to 2020)stated that:" after unremitting efforts, a Law-based Government which includes scientific functions, the legal rights and responsibilities, strict law enforcement, openness and justice, efficient and honest, law-abiding integrity will be built until 2020. " With the continuous progress of the administering the country according to law, the power into the cage, the central task of the government is to restrict administrative power, and the field of administrative enforcement of law is paid increasing attentions. Due to the transformation of administrative discretion governance and the emergence of a large number of discretion standard, gradually become a common phenomenon of administrative law and the innovation of the system of administrative autonomy. But we should also see that in reality, establish and improve aspects of the administrative penalty discretion benchmark, there are still some problems, such as the main body, the development of standards, standards and other aspects of the refinement, there are some "random". This "randomness" is not only contrary to "administration by law", "on the implementation of the principle of administrative rationality". At the same time, the "randomness" against the legitimate rights and interests of the administrative relative person,undermine the credibility of the government and the rule of law is not conducive to the government building.The paper start from the basic theory of administrative discretion standard, analysis the current situation of administrative penalty discretion benchmark in China’s implementation. Then combined with discretion exists in the practice problems and difficulties faced by the specific implementation. Lastly, put forward the construction of the standardization of administrative punishment discretion. The article proceed from the construction of entity content, such as the main settings, the develop standards and refinement criteria in order to improve the supporting system, combined with the specific circumstances of discretion standard breakthrough. For example, the specific administrative punishment, which is intends to resolve the rigid issue of administrative penalty discretion benchmark, build good administrative penalty discretionary basis system. Therefore, it is quite necessary to take efforts to improve the administrative law enforcement procedures, in-depth study of administrative penalty discretion benchmark system in order to make it into the rule by law.