On The Quality And Technical Supervision Administrative Penalty Discretion Of Abuse And Regulation

In the system of administrative law, the people carried out the scholarly research andstudies on administrative discretion earlier. With the changes in the new situation,under the guidance of communist party of China with the scientific outlook ondevelopment, the establishment of service-oriented government has put on the agenda,it is the directly relevant for government to work out the reasonable administrativeenforcement for the establishment of service-oriented government and achievementof administration according to law. The implementation of the specification foradministrative discretion has a very important research value of law.Administrative punishment in the quality and technical supervision, there are moreand more uses of the administrative discretion, which affect benefit of the relativeperson directly, that is why I chose to write my thesis about this topic in this articleresearch. How to accumulate experience of punishment in administrative punishmentof the quality and technical supervision, combine all kinds of reasonable ways tocontrol the law and follow the law, to explore the effective standard to enforce lawfairly, to curb the abuse and improper phenomenon of administrative discretion in thepunishment of quality and technical supervision, which is of important problem to besolved for the quality and technical supervision administrative punishment Law.With the changing needs of society, the functions of the quality and technologysupervision department also need to improve and promote, it is imperative to guidecorrectly administrative discretion of the quality supervision system, because of theexpanding scope of the administrative punishment discretion proposed newrequirements. The practice of administrative punishment in quality and technicalsupervision illustrate that there are many illegal and unreasonable phenomenon,causing the much loss of administrative relative by improper punishment, making agreat waste of social resources, damaging the image of government departments. Inaddition, quality and technology supervision department, as an important componentof the Government departments, the administrative punishment is one of their mostcommonly means of enforcement, the exercise of discretion involves much widerrange than the general administrative department, with very flexible means ofpunishment impacts the society very distinctly, however, means of restraint andregulatory mechanisms are not enough, discretion benchmarks and punishment standards is not unified, the position of punishment is often vague, therefore, tostandardize and improve discretion of administrative punishment in the quality andtechnical supervision system, to develop and implement effective and reasonablediscretion and restraint mechanisms of quality and technical supervision, is veryimportant significance and inherent meaning in society with the rule of law.