On The Industrial And Commercial Administrative Penalty Discretion Right Use

Administrative punishment right is the administrative organ and organization authorized by the law in violation of administrative legal norms of the citizens, legal persons and other organizations shall be punished by the power, is a national compulsory administrative power of sanction, administrative punishment right from law came into being with the discretion of the nature. Along with the modern administration function expansion, the administrative organ had more and more judicial discretion. The industrial and commercial administrative organs responsible market supervision and administrative enforcement of important functions, regulation fields, law enforcement basis is numerous, the discretionary power is more than other administrative law enforcement organs. Industrial and commercial administrative penalty discretion properly exercise their close relationship to the lawful rights and interests of parties, is the hot issue of social concern, but due to the complex, its difficulty is greater.This article on the industrial and commercial administrative penalty discretion are further discussed, according to the principles of equity and efficiency, how to promote correct exercise of right of discretion, to prevent abuse of discretion, it is beneficial to the industrial and commercial administrative organs to correct, timely and effective law enforcement, to guarantee the administrative relative person’s legitimate rights and interests.The thesis consists of four parts:The first part, introduction. The paper introduced the selected topic background and the significance, the current status of research and practice, the research thought and method.The second part, industry and commerce administrative penalty discretion of basic concepts. Through the comparison of administrative discretion in the various academic definition, leading industrial and commercial administrative penalty discretion of basic concept and connotation, analysed their advantages and in the practice of law enforcement of the necessity of the existence of.The third part, industry and commerce administrative penalty discretion performance and negative effect. From the industrial and commercial administrative law practice summarizes the punishment on the discretion of the five forms, focusing on analysis of the abuse of discretion in the main problems, reasons and harm of consequences.The fourth part, industry and commerce administrative penalty discretion standard. Based on the previous study, explores the normative and industrial and commercial administrative penalty discretion important significance and countermeasures. In the countermeasures, first introduced based on the theory of power control the mainstream view forward from " legislative, administrative, judicial " three aspects of canonical views, the author focuses on how to use the program to control the industrial and commercial administrative penalty discretion exercising method.