Control Study Of The Rules Of The Administrative Penalty Discretion

In the modern times, uncontrolled administrative juridical right does exist widely in different fields of administrative activity. Uncontrolled administrative condemnatory juridical right has become the most typical and meaningful one due to its multifarious punishment kinds and degrees, clear juridical rules and regulations, etc. Whether if it can be officiated notarially and rationally is associated with if the government is able to achieve and ensure legal rights and interests of almost every citizen, corporation and other organizations, which has been one of focal social issues. In order to ensure rational implement of uncontrolled administrative juridical right, avoid and reduce its abuse, we have to pay attention to how to solve its control problems.Introducing the concept of uncontrolled administrative juridical right and its regular control, this article makes comparative analysis and orientation on the position of regular control of the whole uncontrolled administrative juridical right and its relation with relative control method. We believe that regular control is an important means to control uncontrolled administrative juridical right, functioning basic effect in administrative control, which directly conducts guidance and streamlines idiographic administrative activity and practice with immense actual meaning.Describing the current status quo of uncontrolled administrative condemnatory juridical right, this article enumerates the existing problems and makes analysis on its cause, then puts forward general operation method, rule and regulation sample to improve regular control and puts forward solution for problems that might be occurred during rules making and implement. Lastly, taking example of a specified city-based business administration which inspected an infringed patent case during its implement uncontrolled administrative condemnatory juridical right, making analysis and inducing relative condition of resuming discussion and suit, gives positive appraisement for the implemented effect of rules.We try to come to conclusion from the above content that regular control conducts basic effect during the administrative control process. Due to complicated situation of our country, legislative control can't be meticulous; This is because courthouse can only conduct afterwards just a few supervision with limitation. And judicial control can't be completely reliant. Only regular control in administrative control can solve legislation's careless problem. On the other hand, it is beforehand control of the whole administrative activity, which performs comparatively in perfect way. Although each aspect is still not perfect from regular control's actual practice, it clearly displays its tremendous stimulative effect that is imposed on administrative personnel who apply uncontrolled administrative condemnatory juridical right rationally with positive effect, which makes punishment more equitable, notarial and appropriately. Regular control of uncontrolled administrative condemnatory juridical right is so important that we have to reinforce and improve it.