Research On Standard Of Discretion About Quality Supervision Department Punishment

Since the1990s, especially after the State Council issued outline for promotingLaw-based Administration in an All-round Way in2004and the demonstration effectof Jinhua City, Zhejiang Province Public Security Bureau, numerous administrativelaw of making standards on punishment discretion have appeared in practice ofthe national administrative departments. The appearance of this phenomenon isconsidered as the effort and practice by the executive authorities in the punishmentdiscretion, as well as the administrative in-depth development of the rule of law inChina.However, it is not difficult to find out some problems in the Standard ofDiscretion through rational observation. While current research fruit of administrationlaw was mostly represented on basic theoretical study, such as the concept of datumsystems，its nature，the legal attributes, the force of law, the legitimacy，judicialreview and so on, but not to penetrate into the study of law enforcement agent on Standardof Discretion yet. So this paper intended to take the Standard of Discretion aboutQuality supervision department punishment as a study object, and collected39samples of Standard from six provinces like Jiangsu, Zhejiang, Shanghai, Guangdong,Hunan and Fujian. Making use of comparative analysis and empirical analysiscomprehensively, we will expound the status quo of Standard of Discretion about Quality supervision department punishment, further point out the current problemsand construction direction. Hope it will bring some benefits in the area of Standard.This article is divided into four parts as follow to discuss:The first part mainly states the background of Standard of Discretion aboutQuality supervision department punishment, analyzes of the current demonstration ofthe abuse of power and its causes, then introduces the traditional way to standardizethe administrative penalty discretion and the development of datum system ofpunishment in domestic and aboard, and briefly describes its localization and functionfinally.The second part mainly states the status quo of Standard of Discretion aboutQuality supervision department punishment. Taking the39samples as observationobjects, to respectively expound the status quo of Standard of Discretion aboutQuality supervision department punishment from names, contents, objects and controltechnology, and further to point out the problems.The third part mainly states the core technology of the datum system Rulescommand-type control technology. To compare with and to explore the advantagesand disadvantages of specific control technologies by making subject control,considering covering factors, diving types, balancing the context, and prescribingescaping procedures and exceptional clauses. In fact, the Rules command-typecontrol technology is a kind of “technologies of Standard of Discretion about Qualitysupervision department punishment” in part Ⅱ of this paper. We concentrated on it as onechapter because of its significance to datum system of punishment.The forth part mainly states the plight of reality in Standard of Discretion aboutQuality supervision department punishment and its solutions. In order to find out thesolutions, we will respectively analyze the problems exits in operating practice, suchas to clearly locate the basic efficiency, to regulate the subject jurisdictionscientifically, to improve technology-making and to perfect the basic matchingfacilities.