Administrative Penalty Discretion Standard Reflection

Administrative punishment right is refers to the administrative organ in theadministrative process, in order to safeguard the public interests and social order, theprotection of citizens, legal persons and other organizations of the legitimate rightsand interests of violating administrative order, administrative relative person shall begiven a sanction power. It is the state power to exercise management function isimportant reflect, from birth onwards with discretionary nature. Administrativediscretion is a kind of value judgment, its core value lies in overcoming the limitationsof law, administrative initiative at the same time, to prevent the administrative penaltyin the" case of judgment", the pursuit of a case of substantive justice. But with theincreasingly complex social affairs, the administrative organ function assumes andcontinuously expand the scope of the administrative organ, the legislature authorizedthe growing, constantly expanding administrative power, concentration, erosion oflegislative power and judicial power in the traditional power range of administrativepenalty discretion, is also the inevitable happened tremendous expansion, expansionof power inevitably bring potential risk of abuse of power, administrative penaltydiscretion in the realization of justice cases at the same time, may also be due to theabuse of power on the whole justice and individual justice to produce a double risk.Therefore, we must regulate the discretion of administrative penalty in lawenforcement personnel, ensure the full exercise of discretion at the same time, toprevent the improper exercise of discretion. Practice has proved, the legislatureexhausting all legal fact clear all authorized scope of administrative discretion is a lawon the ideal state, is doomed not possible. In the administrative culture background,how the administrative penalty discretion in-depth theoretical research, to explore anew and effective power control mode, and in order to guide the practice of imminent,the administrative penalty basis as a new control mode emerge as the times require.This article from the administrative penalty discretion standard concept, nature, valueproceed with, discuss the administrative transition period exists in the intrinsic basis,and the development, in the process of implementing predicament analysis, putforward corresponding settlement way.