Study On Civil Aviation Administrative Penalty Discretion Exercised

The presence of Civil Aviation penalty discretion is a necessary means of administrativepower to expand and the law itself can not enumerate detailed the inevitable result of all cases, inthe process of administrative specific law enforcement, discretion is the indispensable means forthe administrative organ to exercise its administrative powers, it is conducive to the achieve offairness and justice and improve the efficiency of the work of the executive authorities. But as thepersonal qualities and self-interest affect the administrative law enforcement personnel, coupledwith the lack of appropriate oversight mechanisms, it would lead to civil aviation law enforcementofficers are frequent abuses of discretion. These abusive behaviors seriously affect the image ofthe government, the breeding ground for corruption, infringe upon the legitimate rights and inter-ests of the administrative relative person, and will disrupt the normal social order. In order to pro-tect the administrative organs of Civil Aviation can the exercise the administrative penalty discre-tion validly, it is necessary to regulate and control the acts of abuse of administrative penalty dis-cretion, achieving the fundamental purpose of the legislative mandate and the healthy develop-ment to the civil aviation industry.First, this paper, it give a special concept of the civil aviation administrative penalty discre-tion which expands from the discretion of administrative penalty, and also making a theoreticalstudy on the characteristics,classification and necessary presence of the administrative penaltyfrom the civil aviation. Then, combing the professional and technical particularity of the discretionof administrative penalty in civil aviation, we analysis the exercising subjects and its terms of civilaviation administrative penalties discretion, as well as the factors to consider, when the civil avia-tion administrative law enforcement officers exercise the discretion. Once again, the authorthrough the actual situation in the process of civil aviation administration, elaborated on the spe-cific form, reasons and the adverse impact of abuse of discretion, thus propose a program fromlegislative, procedural, institutional framework and the quality of strengthening administrativepenalties to regulate the abuse of civil aviation discretion, which in principle of lawful, reasonable,proper procedures, unify the powers and responsibilities.