Study On The Impiementation Of Administrative Discretion In The Highway Transportation System Of Jilin Province

The administrative discretion in highway transportation is a vital administrative power. In the penalty against highway violation, discretion amounts to a high proportion. Without strict regulations, injustice might occur. Therefore, the strategies to regulate discretion are what executives and scholars are concerned with. Based on the previous research, as well as the practice in highway law implementation for years, the paper focuses on the systematic research on the regulation mechanism of the administrative discretion in the highway transportation system of Jilin Province.Herein, the concepts, features, categories and theoretical basis associated with the administrative discretion in highway transportation administrative penalty are elaborated. Besides, the present situation of the administrative discretion is introduced detailedly, including the achievements, weaknesses and the corresponding reasons. As well, the contrast between China and the overseas is made. Abroad, the discretion is mainly controlled through procedure regulation and judicial review. In China, however, it is done through making discretion standards, perfecting systems, strengthening supervision and developing professional ethics.Finally, through the above analysis, the strategies are put forward to regulate the administrative discretion, including strengthening the administrative legislation control; scientifically drawing up the penalty criterion; strengthening the ethical construction in highway transportation; practicing the responsibility system of administrative enforcement; regulating discretion through technological means; strengthening six aspects of the after-the-event supervision and revise, expecting the referential value to regulate the administrative discretion in the highway transportation administrative penalty of Jilin Province.