Our Administrative Pennalty Discretion Benchmark Legislation To Improve The Problems And Countermeasures

In the modern countries under the rule of background, the government administrative management involves more and more fields, administrative discretion also appear in large Numbers in the administrative penalty area, behaved become outstanding. Administrative punishments although the existence of administrative umpirage ensures the administrative act with initiative, but the flexibility of the too wide discretion also may cause chops and arbitrary。Therefore, to standardize and control administrative power has become the core of the administrative law. To standardize administrative punishment descretion imperative, but only on the legislature to default everything possible case is not reality, so a as administrative organs for internal rules, and through the explanation and refined by the formation of the administrative punishment law benchmark system emerged, and discretion to become the country's administrative law theory and practice for a common concern of the issue. It is not only the communication between law arid abstraction of effective media case, and has strong operability.Discretion is primarily through rules benchmark system of administrative discretion to compress thinning, with the help of concrete, space defined rules to curb the abuse of administrative discretion. Administrative penalty area there is a lot of administrative discretion, administrative penalty discretion to standardize the benchmark set up administrative punishments, guide administrative punishment to a more scientific, democratic and fair direction will play an important role.This paper mainly adopts empirical analysis and comparison of the method of administrative punishments benchmark some problems concerning the discretion of research and analysis:By listing all China enacted the administrative penalty of discretion, and benchmark system compared to find those organs or departments draft when problems existing in the benchmark and discern the defects and related system currently insufficient, in order to solve the problem of China for research for our country administrative punishment foothold, the benchmark for new discretion formulated ideas.In the first chapter, this paper made clear in the administrative penalty discretion, significance and the research purpose research status and existing problems; The second chapter of administrative penalty discretion benchmark are summarized. First proposed administrative punishment descretion and limits, and then extended out administrative penalty discretion benchmark; Finally further explicitly formulated the significance of administrative penalty discretion benchmark;The third chapter first list all over the country, and then analyzes its legislative situation existing problems and analyzed; In the fourth chapter of Suggestions are put forward and the idea, in order to enable our administrative penalty discretion more perfect benchmark.