| With the rapid development of market economy and democratic politics in recent years, the supervision service function of administrative organ plays an increasingly significant role in order to fulfill broad supervision duty through the application of a large amount of administrative penalty .But the most wildly used way, we call it as fine, cause the U existence "inflicting punishment on king's position" and hackneyed punishment phenomenon.Therefore,the study on the problem revealed this situation in the field of administration is indispensable.Since that fine is the most frequently applied method in administration penalty and it indicates the depriving of property of one relative party, the chaos resulted from the fine mailbody,especially the massive of existence of the illegal fine main body such as school, libraries, railway station etc, bring out extremely large damages to the relevant administrative penalty effectively or in aspect of protecting administrative bodies legal rights, the issue that how to restrict the "hackneyed" fine will have reality means to some extent.It is known to all that the right of administrative penalty come from law, is characterized of discretion. As one kind of administrative penalty, fines are no exception. The administrative main body has the certain discretion both in the fines setting up by legislation main body and itsimposing by the law enforcement agency. But other than to cut right arbitrarily, discretion is legal authority which might be used inappropriately without being regulated which in turns, losing its original significance. On the basis of analyzing the meaning and importance of discretion, this essay come up with some suggestions on how to use and impose the discretion of administrative main body, according to the current situation.Administrative procedure are series of procedure designated for exercising administrative power which provide the application some gauges to follow so that the abuse of administrative power can be avoided. The same principles applied in the use of fine. This essay will discuss the procedure regulation of administrative penalty according to the progress in fine's listening imposition and forfeiting separate system.It is obvious that these are not althea research directions in administrative penalty study. But this essay will focus on offering some pieces of advice about the regulation of administrative law on fine by rethinking some law issues in the field of legislation which are revealed by the main body, discretion and administrative progress. |
